Download or read book The CISG s attempt to unify international sales law An assessment of its successfulness written by Fabian Junge and published by GRIN Verlag. This book was released on 2016-01-15 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2015 in the subject Law - European and International Law, Intellectual Properties, grade: 1,3, Maastricht University, course: International Commercial Law, language: English, abstract: One of the main constraints on cross-border commerce has always been diverging national legal regimes. With the emergence of globalization starting in the last century it became evident that there is a need to approximate the existing rules to foster international trade. In theory, this should allow all participating actors to benefit more than ever leading in the long run to greater wealth for everyone. In 1980, 42 countries agreed on the CISG to address hindrances to the growing international trade by adopting a default uniform international framework for the sales of goods. The preamble specifies that “the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade”. At the time of writing, the CISG has been in force for 27 years and it is time to evaluate whether the goals the drafters had in mind have been achieved. In order to assess the successfulness of the CISG to promote a unified international sales law a multitude of factors can be taken into account. To not unduly exceed the limits of this paper the author determined three key criteria on whose basis the successfulness will be evaluated. Firstly, the acceptance of the CISG in the international community will be evaluated. Secondly, the influence of the CISG on subsequent international, regional and domestic legislation and initiatives relating to sales and contract law will be addressed. Lastly, after determining the scope of application the paper focuses on the CISG’s capacity to safeguard and foster its uniform application.
Download or read book Commentary on the UN Convention on the International Sale of Goods CISG written by Peter Schlechtriem and published by Oxford University Press, USA. This book was released on 2005 with total page 1149 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention on the International Sale of Goods is one of the most successful attempts to unify parts of the law of international commerce. The Convention is now in force in more than 60 states, and there are thousands of decisions by courts and arbitral tribunals that apply the rules of theConvention, numerous books and innumerable contributions by scholars and practitioners on the Convention and its various topics and problems. Moreover, the CISG has had a great influence on modern domestic laws, such as the Scandinavian Sales Law, the Netherlands Wetboek, the Commercial Code ofCzechia, the new German Law of Obligations and the new codifications in former Socialist states as well as on projects to unify the law, for example the UNIDROIT Principles for International Commercial Contracts and the European Principles of Contract Law. This is the second edition of the Commentary on the UN Convention on the International Sale of Goods (CISG), first published in 1998. It is based on a broad comparative analysis of decisions and scholarly contributions from all states which has enacted the Convention. The contributors to this book,all being experts in their respective fields, based their analysis on the conviction that in order to do justice to the directive of Art. 7(1) CISG that "in the interpretation of this Convention regard is to be had to its international character and to the need to promote uniformity in itsapplication", understanding and interpretation of the Convention in the light of one domestic legal system alone would be inadequate, and that, therefore, it were required to closely follow, report and compare judicial and scholarly views from all jurisdictions accessible to the contributors. Thefirst edition of this Commentary has become an important source for the reading and explanation of the Convention, and it is frequently cited by legal writers, courts and tribunals from all over the world.
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 CISG and the Unification of International Trade Law written by Bruno Zeller and published by Routledge. This book was released on 2008-03-25 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pushing the boundaries between domestic and unified laws, this book explores the differences between unification and harmonization. Bruno Zeller provides a critical examination of the Convention for the International Sale of Goods (CISG), the advances of international jurisprudence and the role of domestic courts, in order to consider whether unification is merely a myth or a reality. Describing the salient features of unification and harmonization and using the CISG as a vehicle to test unification attempts, this volume touches on controversial points and fosters debates upon efforts to unify laws in discrete areas. It examines the assumption that the creation of a convention introduces a uniform law, which then contributes to the harmonization of international laws. Provocative, this is a must read for postgraduates and researchers studying and working in the fields of comparative and international trade 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 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 Transnational Commercial Law written by Roy Goode and published by OUP Oxford. This book was released on 2012-03-29 with total page 1810 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational commercial law represents the outcome of work undertaken to harmonize national laws affecting domestic and cross-border transactions and is upheld by a diverse spectrum of instruments. Now in its second edition, this authoritative work brings together the major instruments in this field, dividing them into thirteen groups: Treaty Law, Contracts, Electronic Commerce, International Sales, Agency and Distribution, International Credit Transfers and Bank Payment Undertakings, International Secured Transactions, Cross-Border Insolvency, Securities Custody, Clearing and Settlement and Securities Collateral, Conflict of Laws, Civil Procedure, Commercial Arbitration, and a new section on Carriage of Goods. Each group of instruments is preceded by linking text which provides important context by identifying the key instruments in each group, discussing their purposes and relationships, and explaining the major provisions of each instrument, thus setting them in their commercial context. This volume is unique in providing the full text of international conventions, including the preamble - which is important for interpretation - and the final clauses and any annexes. In addition, each instrument is accompanied by a complete list of dates of signature and ratification by all contracting states, all easily navigated through the detailed tables of contents which precedes it. This fully-indexed work provides an indispensable guide for the practitioner or academic to the primary transnational commercial law instruments.
Download or read book Commercial Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2013-01-31 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.
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.
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 An International Restatement of Contract Law The UNIDROIT Principles of International Commercial Contracts written by Michael Joachim Bonell and published by Martinus Nijhoff Publishers. This book was released on 2009-03-27 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish.
Download or read book International Sales Law written by Ingeborg Schwenzer and published by Bloomsbury Publishing. This book was released on 2012-10-26 with total page 989 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written for international trade lawyers, practitioners and students from common and civil law countries, this casebook is an excellent starting point for learning about the CISG, providing an article-by-article analysis of the Convention. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS® 2010. The book features a selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant questions arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects and domestic laws. The analyses, cases, texts and questions are intended to aid readers in their comparative law and international sales law studies. They are designed to draw attention to the particular issues surrounding specific CISG provisions and to provoke careful consideration of possible solutions. The book is a reference work as well as an introduction to the individual problem areas. In particular, it acts as a preparatory work for the Willem C Vis International Commercial Arbitration Moot. The inclusion of sample questions and answers also makes it particularly helpful for self-study purposes.
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 International Sales Law written by Larry A. DiMateo and published by . This book was released on 2015-12 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration written by United Nations Commission on International Trade Law and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains a presentation of case laws rendered in jurisdictions having enacted the UNCITRAL Model Law on International Commercial Arbitration. In light of the large number of cases collected, the Commission requested a tool specifically designed to present selected information on the interpretation and application of the Model Law in a clear, concise and objective manner. This request originated the UNCITRAL Digest of Case Law on the UNCITRAL Model Law on International Commercial Arbitration. The purpose of the digest is to assist in the dissemination of information on the Model Law and further promote its adoption as well as its uniform interpretation and application. In addition, the digest is meant to help judges, government officials, arbitrators, practitioners and academics use more efficiently the case law relating to the UNCITRAL text.
Download or read book Towards a New CISG written by Leandro Tripodi and published by BRILL. This book was released on 2015-11-24 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
