Download or read book International Sale of Goods in the Conflict of Laws written by J. J. Fawcett and published by Oxford University Press, USA. This book was released on 2005 with total page 1458 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first one in English to focus in depth upon the private international law problems raised by the sale of goods. It begins with the substantive law and practice, and uses this as the basis for a comparative and critical discussion of the private international law issues. Examples of the typical obligations of the buyer and seller are also provided. International Sale of Goods in the Conflict of Laws is a strong new addition to the Oxford Private International Law Series and covers everything from torts to e-commerce. Contracts of sale with a cross-border element are an everyday occurrence and one which is becoming ever more common with the advent of modern communications technology. For example, where, for jurisdictional purposes, is the place or performance of the obligation to pay for goods? Where software is sold over the Internet, is this a sale of goods contract and, if so, where are the goods delivered? Foreign judgments as to title raise complex questions as to enforcement, recognition and res judicata. As regards choice of law, sales-specific problems arise to a large extent from the interaction of contractual obligations and title matters which are central to the sale contract and the complex characterisation questions which ensue. They arise from the enactment in many countries of the Vienna Convention, from the complex inter-relationship between buyer, seller and third parties and from sales-specific domestic legislation which may be mandatory irrespective of the applicable law. The book is concerned not only with contractual disputes that can arise out of the international sale of goods but also with torts, such as conversion and negligent misstatement, that can arise out of this type of contract. Restitutionary and proprietary claims can also arise. Special attention is paid to both the jurisdictional and choice of law problems that occur in cases of business to business e-commerce.
Download or read book Convention on Contracts for the International Sale of Goods CISG written by Joseph Lookofsky and published by Kluwer Law International B.V.. This book was released on 2022-01-21 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Convention on Contracts for the International Sales of Goods (CISG) and Wales covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Convention on Contracts for the International Sales of Goods (CISG and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law
Download or read book The International Sale of Goods written by Michael G. Bridge and published by Oxford University Press, USA. This book was released on 2007 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with international sales of goods and covers contracts governed by English law and contracts governed by the United Nations Convention on the International Sale of Goods. It deals with contract issues as well as with property matters and most notably addresses those issuesarising out of the use of documents of title, such as marine bills of lading. In addition to the rights and duties of seller and buyer, there is substantial material on bankers' documentary letters of credit. The book not only includes commentary on decided cases, but also with standard formcontracts which represent evolving trade practice. It aims to be an authoritative work and to offer a thorough and detailed analysis of extensive case law. The text also aims to give the reader a contextual understanding of the trading world in which international sales occur. New to this edition iscommentary on the Contracts (Rights of Third Parties) Act 1999 as well as discussions on conflict of laws, the construction of commercial contracts and electronic documentation. The documentary letters of credit and the UN Convention on the International Sale of Goods are given extensive treatmentin this edition.
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 Advanced Introduction to International Sales Law written by Clayton P. Gillette and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Providing a concise overview of the basic doctrines underlying the UN Convention on Contracts for the International Sale of Goods (CISG), Clayton Gillette explores their ambiguities and thus considers the extent to which uniform international commercial law is possible, as well as appraising the extent to which the doctrines in the UN Convention reflect those that commercial parties would prefer. With its compelling combination of doctrine and theory, this book makes an ideal companion for students and legal scholars alike. Key features include: • Concise and compact overview of the CISG • Includes contemporary developments • Provides a theoretical basis for evaluating international sales law • Considers perspectives of economic analysis of law.
Download or read book Commentary on the UN Convention on the International Sale of Goods CISG written by Peter Schlechtriem and published by . This book was released on 2010 with total page 1480 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The International Sale of Goods Revisited written by Petar Sarcevic and published by Kluwer Law International B.V.. This book was released on 2001-06-27 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume, well-known experts from Europe and the US, analyze various issues relating to the United Nations Convention on Contracts for the International Sale of Goods (CISG). With its current global network of 58 Contracting States, the CISG is widely applied in practice today. To make the growing case law on this subject matter readily accessible, the UNCITRAL Secretariat in Vienna has set up a reporting system for national court decisions relating to the CISG. The extensive documentation already collected there and elsewhere will surely have a lasting impact on the ongoing scholarly debate on this topic. The present book is intended to contribute to this debate by addressing controversial issues relating to the interpretation and application of some important provisions of the new sales law. In addition, several authors also deal with the development of international principles of contract law, such as the Principles of European Contract Law, the UNIDROIT Principles and the lex mercatoria . In view of the increasing number of such rules, a discussion of the CISG would be incomplete without taking account of the relationship of the Convention to these principles as well.
Download or read book The International Sale of Goods written by Michael G. Bridge and published by Oxford University Press, USA. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book's] dual coverage of contracts under English law and the CISG is a valuable benefit for those interested in all types of sale of goods contracts, including the sale of commodities. The...commentary provides analysis on decided cases as well as on standard form contracts which represent evolving trade practice. In addition to matters of contract law, the book considers relevant property law, most notably addressing those issues arising out of the use of documents of title, such as marine bills of lading. The rights and duties of buyer and seller are explained in depth, and the relationship of sale contracts to other contracts, such as charter parties and letter of credit contracts, is rigorously examined. The book deals with issues of frustration and force majeure, the passing of property and risk, and remedies. The new edition provides expanded coverage of remedies, the passing of property, and the CISG, and gives even greater focus to the standard form contracts. All important recent decisions are considered and particularly those relating to interpretation and implied terms and the bunkers litigation."--
Download or read book Conflict of Norms in Public International Law written by Joost Pauwelyn and published by Cambridge University Press. This book was released on 2003-07-31 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.
Download or read book Global Sales and Contract Law written by Ingeborg Schwenzer and published by OUP Oxford. This book was released on 2012-01-26 with total page 1069 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.
Download or read book UN Law on International Sales written by Peter Schlechtriem and published by Springer Science & Business Media. This book was released on 2008-10-17 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes and analyses the rules and provisions of the United Nation Convention on the International Sale of Goods of 1980 - CISG-. The authors explain the details of the CISG’s text, report the essence of the scholarly discussions of its issues, and, in particular, present numerous cases decided by courts and arbitration tribunals both as illustrations of problems arising under the CISG and as case law interpreting the Convention. The book is mainly intended to be used in teaching, but it can also help practitioners to understand the structure and basic solutions of sales law issues encoded in the CISG.
Download or read book The International Sale of Goods 5e written by Michael Bridge and published by Oxford University Press. This book was released on 2023-08-30 with total page 1410 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of this leading authority continues to provide comprehensive analysis of the law and practice of sale of goods under English and international law. The unique dual coverage of contracts under English law and the UN Convention on the International Sale of Goods (CISG) is of great value to those interested in all types of sale of goods contracts, including the sale of commodities. The detailed commentary provides analysis on decided cases as well as on standard form contracts that represent evolving trade practice. This edition offers updated and essential analysis of the rapidly-evolving law related to the CISG, including an assessment of how specific issues - such as no oral modification clauses - might be addressed under the Convention. In addition, it provides expanded coverage of standard form contracts beyond the dry trades, including developments in electronic documentation and further treatment of notices of appropriation and force majeure. Further, there is a discussion of Incoterms 2020, and an expanded and updated treatment of contractual estoppel, good faith and contractual discretion, contractual termination and damages. As ever, the law is explored in the context of commercial practice making the book an ideal reference source for practitioners, scholars, and postgraduate students.
Download or read book International Sale of Goods written by Nicolas Nord and published by Springer. This book was released on 2017-04-19 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth study of Private International Law reasoning in the field of international sale of goods contracts. It connects the dots between European and Chinese law and offers an unprecedented transversal and comparative legal study on the matter. Its main purpose is to identify the consequences of European rules on Chinese companies and vice versa. The first part addresses the conflict of jurisdiction and conflict of law rules, while the second part discusses in detail the practical importance and the impact of arbitration, which is becoming more common thanks to its flexibility. The third part focuses on the Vienna Convention on Contracts for the International Sale of Goods and the Unidroit Principles of International Commercial Contracts and carefully analyses their use. The final part examines contracts involving consumers.
Download or read book Contracts for the Sale of Goods written by Henry Deeb Gabriel and published by Oxford University Press, USA. This book was released on 2009 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts for the Sale of Goods delivers a detailed analysis and in-depth comparison of the substantive law for the sale of goods in domestic and international transactions. Practitioners, academics, and anyone involved in the sale or purchase of goods in the international market will need this thorough analysis of both the text of the United Nations Convention on Contracts for the International Sale of Goods (CISF) and the cases that have addressed and interpreted the CISG. Contracts for the Sale of Goods provides a complete discussion and comparison of the UNIDROIT Principles of International Commercial Contracts including the new provisions on setoff, assignment, and limitation periods, as well as a comparative treatment of the CISG and the UNIDROIT Principles to the articles of the Uniform Commercial Code. Both practitioners and academics will find the clarity and ease of access useful to the comparative legal analysis in this book. Of particular note is the style and format which allows the reader to find the relevant provisions and cross-references quickly and accurately. Contracts for the Sale of Goods provides you with all relevant materials in one source, with the text following the structure of the Convention for clarity and convenience Access the Incoterms 2000, the complete texts of Article Two and the PIC, and a list of parties to the CISG. Moreover, the text is structured to provide the answers first, then supplement this with the underlying purpose and rationale for the rules. This allows the reader the ability to locate the correct law quickly, but also allows the reader to delve further into the law if desired.
Download or read book Global Sales and Contract Law written by Ingeborg Schwenzer and published by Oxford University Press, USA. This book was released on 2012-01-26 with total page 1069 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.
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 Hague Zagreb Essays 4 written by Cornelis Carel Albert Voskuil and published by BRILL. This book was released on 1983-01-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present publication of re ports and discussions sterns from the fourth Session of the Hague-Zagreb Colloquium, held at Eernewoude, in the Netherlands. The preceding three Sessions were held at Stubice Toplice, in Yugoslavia (1974), Zeist, in the Netherlands (1976) and, again in Yugoslavia, at Opatija (1978). The fourth Session was originally planned for May 1980. On the eve of the meeting, the then President of the Socialist Federal Republic of Yugoslavia, the late Marshall J .B. Tito, passed away. On hearing the news of the Marshall's death, the Organizing Committee of the Hague-Zagreb Colloquium immediately decided that the Session should not then be held. The postponement lasted, in fact, a whole year: the fourth Session was convened at Eernewoude in May 1981. For the Eernewoude Session the formula that had produced such excellent results in the previous conferences was maintained. Four topics of international trade law were thoroughly discussed on the basis of reports submitted by scholars from the various legal systems represented at the conference. Apart from the Yugoslav and Dutch participants, scholars from the United Kingdom, the Federal Republic of Germany, Belgium and Norway took part in the discussions, be it in the capacity of reporter, of chairman or as expert in the field covered by the Colloquium: the law of international trade. A student competition had again been organised and the members of the win ning teams from Yugoslavia and from the Netherlands were among the participants.
