Download or read book CISG Methodology written by Andre Janssen and published by sellier. european law publ.. This book was released on 2009 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention on Contracts for the International Sale of Goods (CISG) is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 Member States. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application," it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that while the number of Member States is constantly increasing, so too is the threat of variation in application. In this book, the most important issues of the CISG's methodology are analyzed by leading experts from five continents. Some contributors provide a thorough analysis of the central topics of interpretation while others enter almost uncharted territories.
Download or read book The UN Convention on Contracts for the International Sale of Goods written by Clayton P. Gillette and published by Cambridge University Press. This book was released on 2016-05-10 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Serving the needs of both students and experts, this book evaluates the CISG through economic theory and legal doctrine.
Download or read book An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods 1980 as Uniform Sales Law written by John Felemegas and published by Cambridge University Press. This book was released on 2013-09-12 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.
Download or read book An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods 1980 as Uniform Sales Law written by John Felemegas and published by Cambridge University Press. This book was released on 2007-01-08 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.
Download or read book Practitioner s Guide to the CISG written by Camilla Baasch Andersen and published by Juris Publishing, Inc.. This book was released on 2010-11-01 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing complexity of international trade, practitioners in commercial law increasingly need access to scholarly sources and foreign case law. A goal of the United Nations Convention on the International Sale of Goods (CISG) has been the standard of a “global jurisconsultorium,” where judges and arbitrators would share resources and consult what has been done in foreign jurisdictions. However, without the prior work of material-collecting, proper translation into English, and organization of the resulting abundance of material, compliance with this goal would be impossible. The Practitioner’s Guide to the CISG is a direct answer to that need and a decisive step toward fulfilling that goal. Written by three scholars from six different countries, the book represents the best analyses of CISG cases available anywhere. The chapters that follow provide legal counsel with easy, organized access to key, legal case abstracts drawn from multiple jurisdictions and valuable, summary comments on each article of the CISG.
Download or read book Uniformity in the Application of the Cisg written by Boris Prastalo and published by . This book was released on 2020-04-06 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uniformity in the Application of the CISG' offers a detailed examination of the principle of uniformity as enshrined in Article 7(1) of the United Nations Convention on Contracts for the International Sale of Goods (CISG). More than ninety countries are now parties to the CISG - recognised as the pre-eminent legislative achievement aimed at harmonising commercial law on a global scale - but uniformity in the treaty?s application remains unsettled and controversial. This book aids in a complete understanding of the CISG interpretative methodology and its different components and draws on issues raised over thirty years of case law across the world and from other CISG-related materials to clearly delineate a path to more uniform application.
Download or read book The Duty to Cooperate in International Sales written by Thomas Neumann and published by Walter de Gruyter. This book was released on 2012-04-02 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Uniformity in the Application of the CISG written by Boris Praštalo and published by Kluwer Law International B.V.. This book was released on 2020-04-06 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than ninety countries are now parties to the United Nations Convention on Contracts for the International Sale of Goods (CISG) recognised as the pre-eminent legislative achievement aimed at harmonising commercial law on a global scale but uniformity in the treaty’s application remains unsettled and controversial. This book, in addition to offering a detailed assessment of tools designed to promote such uniformity, draws on issues raised during over thirty years of case law from all over the world and from other CISG-related materials to clearly delineate a path to more uniform application. The practical implications to be found in this book emerge from deeply informed discussion of such issues and topics as the following: causes of non-uniformity, whether based on overall scope or on particular CISG provisions; detrimental effect of non-uniformity on both the legal and economic benefits provided by the CISG; effectiveness of implemented tools to combat non-uniform application; problems arising from trading imbalances between developed and developing countries; and proposed efforts to promote uniform application. Drawing on its many sources, the analysis concludes with recommendations and observations about how to improve the organisation and mode of operation of existing and proposed tools. Legal practitioners, judges and arbitrators called upon to argue under or apply the CISG, as well as all those with an interest in international commercial law, will greatly appreciate the book’s incisive guidance in navigating the issue of uniformity in the application of the treaty. By extension, as a comparative analysis, the book will be of informative value for jurists and policymakers interested in what can be done to heighten the level of uniformity in the application of any international convention.
Download or read book The Cambridge History of Linguistics written by Linda R. Waugh and published by Cambridge University Press. This book was released on 2023-08-10 with total page 1113 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers significant aspects of important traditions and perspectives in the history of linguistics, including recent history.
Download or read book The Uniform Interpretation of the UN Sales Convention CISG written by Jie Luo and published by Springer Nature. This book was released on 2023-12-12 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unification of international commercial law has been a common course for every country of the world. The U.N. Convention on Contracts for International Sale of Goods (CISG) is a milestone in creating a uniform law in the field of the international sale of goods. The CISG coordinated divergent political, economic, and legal systems combined different contract laws and set up a comprehensive and independent legal framework for the international sale of goods. This book examines the basic requirements and criteria of the CISG’s interpretation and investigates how to achieve the uniform interpretation of the CISG based on interpretation rules in the CISG and through appropriate legal interpretation approaches. As a comprehensive and uniform legal framework for the international sale of goods, the CISG still has gaps to fill. Therefore, a uniform interpretation in gap-filling is equally important for the CISG. This book discusses gap-filling in the CISG, explains why and how to fill its gaps, clarifies gap-filling approaches, their order of application, and eventually concentrates on general principles and the uniform interpretation of the CISG. Another feature of the book is to discuss the supplementary materials that could be used to assist in the uniform interpretation of the CISG. PICC, foreign cases, UNCITRAL Digest, and the CISG Advisory Council opinions will be examined in detail to see whether and how they can fill the gaps in the CISG and promote its uniform interpretation. Only by clarifying the basic requirements and principles relating to the CISG’s uniform interpretation, can courts and arbitral tribunals correct their attitude toward and practices in the interpretation of the CISG. Only by following the autonomous interpretation approach, can the CISG achieve its goal to unify the sale of goods laws and promote the development of international commerce.
Download or read book International Sales Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2014-02-17 with total page 805 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.
Download or read book International Sales Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2005-09-05 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the state of international sales law and the provisions of the CISG.
Download or read book Uniformity in the Application of CISG Provisions written by Daniel Fritz and published by diplom.de. This book was released on 2009-07-15 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inhaltsangabe:Introduction: Problems facing cross-border transactions and possible solutions: The main prerogative for the international trader is to implement the business transaction as conveniently and quickly as possible. Besides choosing reliable business partners, a governing body of law that facilitates the transaction successfully is required. International business transactions are rarely conducted under a tailor-made law and are therefore dependent on the law that governs the transaction in terms of the rules of private international law. Determining the applicable law of the contract is one of the major problems facing a cross-border transaction. One way in which this question can be addressed is by means of the rules of private international law. Yet, these rules are rather complex and often subject to uncertainties. Even unification of the rules of private international law is unlikely to serve the needs of modern international business. If the proper law is determined, at least one of the parties to the transaction will be faced with an unknown body of rules. This party is forced to act in alien surroundings under a law with which it is unfamiliar. An alternative, is to unify law on the domestic level. This would avoid the difficulties in applying the rules of international private law. However, to harmonise domestic law on world wide basis is a matter of impossibility. Some divergences based on settled legal traditions are irreconcilable. Furthermore, there is the obstacle that a harmonised law may affect the concepts of another area of law. For example the issue of sales law affects the issue of transfer of property an area of law with fundamentally varying concepts. The adoption of uniform sales law at the international level represents a third approach. These rules only apply to a particular range of sales transactions and therefore do not compel a State to abandon all of its own legal traditions. The UN Convention on Contracts for the International Sale of Goods has established a uniform international law of this character. The overall goal of the CISG is to harmonise domestic laws for international sales transactions. A precondition for this goal is the achievement of uniformity. The achievement of uniformity comprises a two-fold process. The mere adoption of the Convention is the first step towards the ultimate aim of achieving the broadest degree of uniformity in the law of international sales. The second step is the [...]
Download or read book Review of the Convention on Contracts for the International Sale of Goods CISG 2003 2004 written by Pace International Law Review and published by sellier. european law publ.. This book was released on 2005 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Pace International Law Review edits the Review of the Convention on Contracts for the International Sale of Goods (CISG). The Review of the CISG is published once yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book seeks to compile translations of recent decisions as well as commentaries of notable cases relating to the CISG. The Review of the CISG provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars. The Review was former published by Kluwer Law International.
Download or read book Contracts for the International Sale of Goods written by Franco Ferrari and published by Martinus Nijhoff Publishers. This book was released on 2011-12-23 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts for the International Sale of Goods provides an examination of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Extensively referenced, this volume focuses on three fundamental issues, which, due to added attention from courts and arbitral tribunals, are considered “typical” of CISG related disputes. These include the exact determination of the CISG’s sphere of application; issues relating to the non-conformity of delivered goods; and the determination of the rate of interest on sums in arrears. This analysis will also help readers understand the broader context in which these issues are embedded, and ultimately illustrates how the CISG is interpreted and applied in different jurisdictions. A special course adoption price is available for an order of six or more copies from a university bookstore. Contact [email protected] or [email protected].
Download or read book The Convention for the International Sale of Goods written by Daniel Barstow Magraw and published by American Bar Association. This book was released on 1990 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods 1980 as Uniform Sales Law written by John Felemegas and published by Cambridge University Press. This book was released on 2007-01-08 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.
