Download or read book The Seller s Right to Avoid the Contract in International Sales written by Jonathan Yovel and published by . This book was released on 2010 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the context of transnational transactions, the question of severing contractual relations due to a breach of contract (designated as quot;avoidancequot; or quot;terminationquot; by different legal instruments) is of special interest. The complexities, costs, and particular risks associated with international transactions call for inventive balances between an aggrieved party's interest in protecting reliance interests - inter alia, through termination of the contractual relations - and the interest that the party in breach may still have in maintaining them, even under conditions of breach. This article analyzes an aggrieved seller's right (or more precisely, power) to terminate the contract for breach in the context of two sophisticated transnational regimes that are quickly growing in prominence and influence. These are the UN Convention on Contracts for the International Sale of Goods, 1980 (hereinafter CISG) and the Principles of European Contract Law, 2003 (hereinafter PECL). The Uniform Commercial Code and other national regimes are considered as well. Evaluated both together and separately, a comparison of these systems yields a new analysis of the question of contract avoidance in transnational transactions. Here is an opportunity for drafters to formulate remedial regimes that respond to diverging provisions in legal systems informed by different ideological approaches to the question of contractual relations: from the tactical, risk-allocating approach that regards contractual relations as something akin to an investment, to be continued or aborted upon rational calculations of alternative transactions, to the most relational approaches, emphasizing long-time cooperation, wishing to strengthen relations and allow parties to move through an escalation of remedies and other measures until reaching the radical severance of contractual relations through avoidance of the contract. Indeed, in important respects the very nature of the contractual interaction is best studied through the topic of remedies for breach, and through the availability of the power to unilaterally severe the contractual relation in particular.
Download or read book Convention on Contracts for the International Sales of Goods CISG written by Joseph Lookofsky and published by Kluwer Law International B.V.. This book was released on 2020-10-20 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also sometimes referred to as the Vienna Sales Convention, the Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The Convention, which first entered into effect in 1988, is the first sales law treaty to win acceptance on a worldwide scale. The current list of more than 90 Contracting States accounts for more than three-fourths of all world trade. The importance of the CISG in the international arena is underlined by thousands of reported decisions where the CISG has been held to apply, thus evidencing the conduct of countless international traders who-by default or by express choice-regularly subject their sales contracts to the Convention regime. The CISG has also impacted on sales legislation at national and regional (e.g. EU) levels. With this monograph as their guide, lawyers and scholars who deal with international sales contracts and sales contract disputes will obtain an excellent overview of the Convention, as well as valuable information as to all its 101 Articles, compromising key topic areas such as the following: Determining when the CISG applies; Freedom of contract under Article 6; Interpretation of the Convention and of CISG contracts; Sales contract formation, validity, defences to enforcement; Obligations of the parties, including conforming delivery & notice of non-conformity; Liability and remedies for breach, including specific performance, damages, avoidance/termination; Liability exemptions; Reservations under Articles 92-96. The Third Edition of this IEL monograph takes account of the latest scholarly commentary as well as key CISG case law worldwide.
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 The Buyer s Right to Avoid the Contract in International Sales written by Jonathan Yovel and published by . This book was released on 2014 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article presents and analyzes the law pertaining to the Buyer's power to avoid (terminate) an international sales contract for breach of contract by the seller.Avoidance (or ldquo;terminationrdquo;) of the contract is the most extreme measure a party may take in response to a breach of contract. Avoidance excuses any future performance, except for contractual performances designated to take effect upon avoidance, such as dispute resolution clauses or liquidated damages. In international transactions, avoidance of the contract may create extreme hardship and costs for both the defaulting and the aggrieved party. This article offers an analytic framework for termination of contract in international transactions and analyses different regimes for the avoidance of contract, with emphasis on the CISG. It then places termination in the context of less extreme measures to deal with breach (or with anticipatory breach), such as suspension of performance, requirement of assurances, unilateral price reduction and the right to cure in the form of delayed or remedial performance. The article highlights these issues as emerging from several jurisdictions, as well as the CISG, CESL, PECL, UNIDROIT Principles, UCC and the BGB, as well as judicial opinions and arbitral awards from several jurisdictions and forums.
Download or read book Remedies for International Sellers of Goods Second Edition written by Center for International Legal Studies (CILS) and published by Juris Publishing, Inc.. This book was released on 2010-01-01 with total page 1070 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remedies for International Sellers of Goods Vol 1+2 is a required work for all of those involved in international sales. The work includes coverage of 56 countries in North and South America, Europe, Asia and the Pacific, and the Middle East, Remedies for International Sellers of Goods includes detailed discussion and analysis for each jurisdiction covered, including coverage of the Uniform Law on the International Sales of Goods, and an overview of the various types of letter of credit agreements frequently used to finance cross-border sales. The work also contains the rules applicable to letter of credit arrangements, international standard contract clauses, the steps required to assure secured sales transactions, and the remedies available to those involved in disputes over the cross-border sale of goods. Analysis and discussion also includes the UNIDROIT Principles of International Commercial Contracts, the Uniform Law on the International Sale of Goods, and the Uniform Law on the Formation of Contracts for the International Sale of Goods. Put quite simply, Remedies for International Sellers of Goods is a work that anyone involved with international sales transaction cannot do without.
Download or read book Buyer s Right of Avoidance Under the International Sales Law CISG written by Ndubuisi Nwafor and published by LAP Lambert Academic Publishing. This book was released on 2014-01 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph is an opportunity to explore the legal rights of a buyer to avoid (terminate) a contract of sale of goods under the United Nations Convention on Contract for the International Sale of Goods. Avoidance of a contract is the most important remedial tool at the hands of a buyer in a contract of sale whose expectations from the contract has been fundamentally truncated by a breach committed by the other party (Seller). A contract of sale of goods should not go on willy-nilly; international commercial law justice will encourage a disgruntled buyer to terminate the contract while making other numerous incidental remedies also available. This work is therefore a detailed analysis of the steps provided under the international sales law (Article 49 CISG) for invoking this remedy of avoidance from the buyer's perspective and recommendations for reforms.
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 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 Commentary on the UN Sales Law CISG written by Christoph Brunner and published by Kluwer Law International B.V.. This book was released on 2019-03-18 with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buyers and sellers engaging in the cross-border sale of goods are well-advised to be conversant with the United Nations Convention on Contracts for the International Sale of Goods (CISG), which governs international sales contracts. The CISG has been ratified by 89 states, which together account for over three-quarters of all world trade. This practically-oriented, article-by-article commentary on the CISG will be useful to legal practitioners, counsel and arbitrators dealing with international sales contracts. The in-depth annotations deal extensively with the legal issues likely to arise under each CISG article. The annotations include up-to-date analyses of state court and arbitral decisions, the legal doctrines derived from these decisions, and relevant scholarship to date. Among the issues and topics discussed are the following: interface with national laws; scope of application; obligations of seller and buyer; non-conforming goods and duty to notify; breach of contract and remedies; damages; force majeure exemption; and termination of contract and its consequences. This book is an updated translation of the second German edition of a valued resource in Germany, Switzerland, and Austria, and an authority regularly cited by the Swiss Supreme Court. The commentary is influenced by legal authorities from both civil law and common law backgrounds. Throughout, the contributors refer to the cisg-online.ch database, enabling users to locate decisions easily. User-friendly, focused on practical questions, concise but comprehensive, this article-by-article commentary provides a quick and trenchant overview of existing legal opinions and court/arbitral decisions. It will prove immensely valuable to legal practitioners, facilitating their formulation of reliable solutions to legal problems involving the CISG.
Download or read book Contracts for the Sale of Goods written by Henry Deeb Gabriel and published by Oxford University Press. This book was released on 2008-12-22 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 United Nations Convention on Contracts for the International Sale of Goods written by and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Remedies for International Sellers of Goods 2009 I written by Dennis Campell and published by Lulu.com. This book was released on 2009-08-03 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2009 RELEASE: "Remedies for International Sellers of Goods", a three-volume set with more than 1,800 pages, provides reports by business practitioners in North and South America, Asia and the Pacific, the Middle East, and Europe, reviewing the steps required to assure secured sales transactions and the remedies available in their respective countries to those involved in disputes over the crossborder sale of goods. The reports are prepared by local business practitioners. Order volumes II and III to complete the set. The publication is replaced by updated volumes annually. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.
Download or read book Understanding the CISG written by Joseph Lookofsky and published by Kluwer Law International B.V.. This book was released on 2022-08-09 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The Convention is the first sales law treaty to win acceptance on a worldwide scale, and the impressive list of nearly one hundred Contracting States accounts for more than three-fourths of all world trade. The importance of the CISG in the international arena is underlined by thousands of reported decisions where the CISG has been held to apply, thus evidencing the conduct of countless international traders who – by default or by express choice – regularly subject their sales contracts to the Convention regime. The CISG treaty demands an international interpretation, and this extensively updated Sixth Edition draws upon the full range of primary as well as secondary sources of CISG law, including clear and concise reports of the latest decisions, arbitral awards and scholarly opinion. Numerous concrete examples are provided throughout. With this book as their guide, lawyers and students who need to understand international sales law will confidently navigate key topic areas such as these: determining when the CISG applies; freedom of contract, opting out; interpretation of CISG treaty and CISG contracts; formation, validity, defenses to enforcement; obligations of the parties; remedies for breach; liability exemptions, hardship; and disclaimers, agreed remedies.
Download or read book The Convention for the International Sale of Goods written by Reed R. Kathrein and published by American Bar Association. This book was released on 1987 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work represents an examination of the history of the Convention, both in the United Nations and the U.S. Congress. It discusses details about the parties, signatories, and accompanying reservations, and summarizes the principal provisions of the treaty.
Download or read book Uniform Law for International Sales Under the 1980 United Nations Convention written by John Honnold and published by . This book was released on 1989 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Avoiding the Contract Under the United Nations Convention on Contracts for the International Sales of Goods written by Sophie Sehat and published by . This book was released on 2015 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Uniform Law for International Sales written by John Honnold and published by Springer. This book was released on 1991-05-28 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is a comprehensive commentary on the history, analysis & interpretation of the Bilateral Investment Treaties (BITs). These treaties are intended to protect U.S. investment in foreign countries. Although the initial target of the BITs was to develop countries in the third world, the opening of Eastern Europe has led to BIT negotiations in that region as well. United States Investment Treaties: Policy & Practice analyzes the policies underlying the BIT program; describes how the BIT program differs from prior U.S. practice with respect to foreign investment protection; explains the intent of specific provisions in the various model negotiations texts; assesses the extent to which the negotiations of the individual signed BITs resulted in a substantive modification of provisions of the model negotiating texts & thus a departure from the intent of the drafters. This book deals with a topic of increasing interest to businesses with operations in foreign countries & to attorneys advising these companies.
