United Nations Convention On The Assignment Of Receivables In International Trade
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Assignment In European Private International Law
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Author : Axel Flessner
language : en
Publisher: sellier. european law publ.
Release Date : 2006
Assignment In European Private International Law written by Axel Flessner and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
The assignment of contractual rights is of immense importance for the world of business and finance. Never before have assignments taken place on such a large scale as is the case in the contemporary securitisation market. Many receivables-based financial transactions, such as securitisations, are cross-border transactions. It is therefore often crucial to determine which law governs the proprietary aspects of assignment. The European Commission has, in its "proposal for a regulation on the law applicable to contractual obligations," formulated a new conflict rule referring the enforceability of an assignment against third parties to the law of the assignor's residence. This book demonstrates how the solution which has been adopted by the Commission is inadequate for receivables-based cross-border transactions. The authors argue that a cross-border assignment should, instead, be governed by the law chosen by the assignor and the assignee and, in the absence of a choice, by the law applicable to the assigned claim. The most important policy behind the Commission's conflict rule, i.e. that the assignor's creditors should be able to look to the assignor's law for registration requirements, can be realized in subtler ways, in particular by means of a special conflict rule for public filing systems. The Annexes contain the full texts of the Commission's Proposal, the UN Convention on the Assignment of Receivables, and Chapter 11 of the Principles of European Contract Law (Assignment of Claims).
The United Nations Convention On The Use Of Electronic Communications In International Contracts
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Author : A.H. Boss
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-12-09
The United Nations Convention On The Use Of Electronic Communications In International Contracts written by A.H. Boss and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-09 with Law categories.
The use of electronic commerce in international trade is growing by leaps and bounds. No one can dispute the need for a system of rules to guide countries as well as private commercial parties through the many new developments and issues that arise. The United Nations Convention on the Use of Electronic Communications in International Contracts (ECC), adopted by the United Nations General Assembly in December 2005 and currently undergoing the ratification process, provides such a system. This book is a guide and resource on the Convention: its evolution, interpretation, and relationship to domestic laws throughout the world.The book represents the outcome of a conference held at the Leibniz University of Hannover in September 2007. It consists of an introduction to the drafting of the Convention, expert commentary on each article, and perspectives in the context of domestic and substantive law. A distinguished panel of authorities representatives of governments, international organizations, transnational companies, and universities, as well as practising attorneys, all of whom have been active domestically and internationally in confronting the legal issues of electronic commerce discuss such aspects of the ECC as the following: timing of dispatch and receipt of electronic communications; transactions related to the financial sector; altering the scope of the Convention by contract; 'opting in' and 'opting out'; 'choice of law' versus 'party autonomy'; use of foreign case law to interpret the Convention; legal information requirements; writing and signature requirements; error in electronic communications; and problems of identity and data integrity.Several authors provide in-depth analysis of the interaction between ECC provisions and other relevant legal regimes (including the United States, ASEAN, the EU, Sri Lanka, India, and China), as well as the interrelations between the ECC and ICC rules, rules under the CISG, and the trade usages of the lex mercatoria.The various contributors highlight issues arising from each ECC provision, and provide well-informed insight into how remaining problems are likely to be resolved as the Convention enters into force. Stakeholders from all concerned sectors of the legal community businesspersons and their counsel, IGO and government officials, and academics will benefit greatly from the detailed information, analysis, and guidance offered here.
United Nations Convention On The Assignment Of Receivables In International Trade
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Author : United Nations
language : en
Publisher: New York : United Nations
Release Date : 2004
United Nations Convention On The Assignment Of Receivables In International Trade written by United Nations and has been published by New York : United Nations this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.
This publication contains the text of the Convention, adopted by the UN General Assembly by Resolution 56/81 in December 2001, and an explanatory note by the United Nations Commission on International Trade Law (UNCITRAL) Secretariat. The main aim of the Convention is to promote the availability of capital and credit at more affordable rates across national borders, in order to facilitate the cross-border movement of goods and services.
Basic Documents On International Trade Law
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Author : Chia-Jui Cheng
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-04-27
Basic Documents On International Trade Law written by Chia-Jui Cheng and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-27 with Law categories.
Anyone involved in trade law knows the time-consuming nature of obtaining primary source material and consulting each of the main trade laws. Now in its fourth edition, Basic Documents in International Trade Law solves this problem by assembling, in a single, easy-to-use resource, a very comprehensive collection of the most important and frequently used documents on the law of international trade. In addition to its obvious practical value, this work reveals much about the process of harmonization in international trade law and the operation of the key international trade bodies. This makes the book a helpful reference for international business lawyers, researchers, legislators and government officials in the field. Since the successful publication of the previous editions of the book, the appearance of new conventions and model laws has considerably enriched the law of international trade, and the present edition contains a wealth of new material. The book has been substantially revised and several new instruments have been included. Among the most significantly important improvements to this new edition are new chapters added to different parts of the book, a redesigned and thoroughly revised Part 6 reflecting the expansion of intellectual property rights under the framework of treaties administered by World International Property Organization, and bibliographies and other research resources updated and enlarged to include an extraordinarily rich collection of books and articles in many trading languages besides English, including, for the first time, major Chinese works in the international trade law field. As the late Prof. Clive M. Schmitthoff commented on the first edition, the book ‘is not only of practical usefulness but has also considerable jurisprudential value’, and ‘reveals the methodology of the harmonization process in the area of international trade law’. The International Business Lawyer first commented in 1987 that the book ‘can only be described as a “vade mecum” for every international business lawyer’, an assessment that now seems more merited than ever.
The Oxford Handbook Of United Nations Treaties
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Author : Simon Chesterman
language : en
Publisher:
Release Date : 2019
The Oxford Handbook Of United Nations Treaties written by Simon Chesterman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
This book brings together world experts on the United Nations and international law, to examine not only the content of that legal regime but how it has been transformed since the second half of the twentieth century.
Global Trade Law
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Author : Ulrich Magnus
language : en
Publisher: sellier. european law publ.
Release Date : 2004
Global Trade Law written by Ulrich Magnus and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
This collection contains 26 UNCITRAL- and UNIDROIT-Conventions, Model Acts, Guides and Principles. These rules and regulations appear for the first time in a single volume. They are of essential importance for all practioners and scholars working in the field of international trade law. Contract law in general: UNCITRAL Model Law on Electronic Commerce (1996) Guide to Enactment of the UNCITRAL Model Law on Electronic Commerce (1996) UNCITRAL Model Law on Electronic Signatures (2001) UNIDROIT Principles of International Commercial Contracts (2004) Sales: United Nation Convention on Contracts for the International Sale of Goods (1980) United Nation Convention on the Limitation Period in the International Sale of Goods as amended by the protocol amending the Convention on the Limitation Period in the International Sale of Goods (1974-1980) Services: UNCITRAL Model Law on Procurement of Goods and Construction (1993) UNCITRAL Model Law on Procurement of Goods, Construction and Services (1994) Guide to Enactment of UNCITRAL Model Law on Procurement of Goods, Construction and Services Transport: United Nations Convention on the Carriage of Goods by Sea (1978) United Nations Convention on the Liability of Operators of Transport Terminals in International Trade (1991) CMI/UNCITRAL Draft instrument on the carriage of goods [wholly or partly] [by sea] (2003) Payment and Security: United Nations Convention on International Bills of Exchange and International Promissory Notes (1988) United Nations Convention on Independent Guarantees and Stand-by Letters of Credit (1995) United Nations Convention on the Assignment of Receivables in International Trade (2001) UNCITRAL Model Law on International Credit Transfers (1992) UNIDROIT Draft Convention on substantive rules regarding securities held with an intermediary (2004) Other Commercial Contracts: UNIDROIT Convention on International Financial Leasing (1988) UNIDROIT Convention on International Factoring (1988) Property rights: UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (1995) UNIDROIT Convention on International Interests in Mobile Equipment Arbitration: United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) UNCITRAL Model Law on International Commercial Arbitration (1985) UNCITRAL Arbitration Rules UNCITRAL Conciliation Rules Insolvency: UNCITRAL Model Law on Cross-Border Insolvency (1997).
The Elgar Companion To Uncitral
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Author : Rishi Gulati
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03
The Elgar Companion To Uncitral written by Rishi Gulati and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-03 with Law categories.
As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to help develop and promote uniform private law internationally. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.
Towards A New Cisg
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Author : Leandro Tripodi
language : en
Publisher: BRILL
Release Date : 2015-11-24
Towards A New Cisg written by Leandro Tripodi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-24 with Law categories.
In Towards a New CISG, Leandro Tripodi discusses the aging and need for renovation of the 1980 Vienna Sales Convention. Changes in global political circumstances and to the economy of international sales of goods have rendered the 1980 CISG a dated legal instrument. Its recognized flexibility is not sufficient to cope with past and, especially, with future changes brought about by the introduction of new technologies affecting all kinds of goods subject to trade. In light of the challenges posed by 21st-century commerce, Dr. Tripodi proposes the adoption of a Convention on the International Sale of Goods and Services (CISGS). The idea of a new convention is based on the following facts: 1) goods and services are no longer as distinguishable as they were in 1980; 2) sales of goods and sales (i.e., the provision) of services are not as easy to apportion as the CISG supposes and can hardly continue to be treated separately by the legal sources of international trade.
Enforcement Of International Contracts In The European Union
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Author : Johan Meeusen
language : en
Publisher: Intersentia nv
Release Date : 2004
Enforcement Of International Contracts In The European Union written by Johan Meeusen and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
The enforcement of international contracts in the European Union is increasingly dependent on Community (rather than national) private international law. This book examines the present status and future prospects of Community private international law in the contractual area. It focuses in particular upon the joint analysis of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (which is likely to be converted in the near future into the Rome I-regulation) and the Brussels I-regulation. Rather than attempting a comprehensive study of Brussels I and Rome I, this book examines a number of key issues considered particularly pertinent from the point of view of the coherence between both instruments. This approach should contribute to the consistency of Community policy-making and legislation in the field of international contracts, to the benefit of market participants. This book is the culmination of a research project funded by the European Commission (DG Justice and Home Affairs, Framework programme for judicial co-operation in civil matters) and co-ordinated by the University of Antwerp Belgium. Eminent European experts have contributed to the book which should prove of interest to law makers, academics and practitioners concerned with the enforcement of contracts in a cross-border context.
The Elgar Companion To Unidroit
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Author : Thomas John
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-04-12
The Elgar Companion To Unidroit written by Thomas John and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-12 with Law categories.
This comprehensive Companion provides a unique overview of UNIDROIT, the primary independent organisation coordinating the practice of international private law across its 65 member states. As the third in the suite of titles covering the ‘three sisters’ of uniform private law and private international law, it considers UNIDROIT’s role in the creation of existing uniform law, as well as posing questions about its future in the sector.