An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law PDF Download
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Author: John Felemegas
Publisher: Cambridge University Press
ISBN: 9781107676565
Category : Law
Languages : en
Pages : 546
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Book Description
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.
Author: John Felemegas
Publisher: Cambridge University Press
ISBN: 9781107676565
Category : Law
Languages : en
Pages : 546
Get Book
Book Description
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.
Author: John Felemegas
Publisher:
ISBN: 9780511321030
Category : Export sales contracts
Languages : en
Pages : 528
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Book Description
This book is a comparative approach to the interpretation of the CISG.
Author: John Felemegas
Publisher: Cambridge University Press
ISBN: 9780521868723
Category : Law
Languages : en
Pages : 544
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Book Description
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.
Author: John Felemegas
Publisher: Cambridge University Press
ISBN: 1139462954
Category : Law
Languages : en
Pages : 223
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Book Description
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.
Author: John Honnold
Publisher: Kluwer Law International B.V.
ISBN: 9041144498
Category : Law
Languages : en
Pages : 984
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Book Description
The United Nations Convention on Contracts for the International Sale of Goods (CISG) has become the key framework for drafting international sales contracts and resolving resulting disputes. The remarkable progress of this epoch-making uniform international law calls for a new edition (the fifth) of the late Professor Honnold’s preeminent commentary, now issued under the authoritative hand of Harry M. Flechtner, editor of the fourth edition and a National Correspondent for the United States at UNCITRAL. Professor Flechtner updates Professor Honnold’s in-depth article-by-article exposition, addressing newly arising issues and taking into account the numerous decisions and scholarly analyses that have focused on the CISG in the twelve years since the last edition in 2009. Also expertly updated is Professor Honnold’s masterly overview of the development and implementation of the text of the CISG, as well as his authoritative insights into the underlying principles and purposes of the treaty. Taking into account the myriad variations among distinct legal systems, the commentary expertly treats all crucial aspects of sales contracts, including the following: delivery of the goods and handing over of documents; conformity of the goods and third-party claims; obligations of the parties; payment of the price; taking delivery; anticipatory breach; instalment contracts; remedies for breach of contract; damages; interest; exemptions; limits and effects of avoidance; preservation of the goods; and risk of loss. The CISG is widely regarded as the most significant body of international sales law and the most successful international commercial treaty in history. This new edition provides tribunals, practitioners, and scholars invaluable up-to-date insights into the meaning of each article of the Convention. The multitude of authorities consulted, many dating from the past few years, will continue to influence the promotion of international sales contract uniformity, encourage the settlement of disputes, and help to reinforce consensus in the application of the Convention.
Author: John Honnold
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 596
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Book Description
Author: Joseph Lookofsky
Publisher: Kluwer Law International B.V.
ISBN: 9041142096
Category : Law
Languages : en
Pages : 212
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Book Description
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 some 85 CISG ‘Contracting States’ already 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. The CISG has also impacted on sales legislation at national and regional (e.g., EU) levels. The CISG treaty demands an international interpretation, and this fully updated Fifth (Worldwide) Edition draws upon the full range of primary as well as secondary sources of CISG law, including worldwide case law and scholarly opinion. Concrete examples are provided throughout. With this book as their guide, lawyers and students who need to understand international sales contracts and sales contract disputes will confidently navigate 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, defenses to enforcement; • obligations of the parties, including conforming delivery and payment; • remedies for breach, including specific performance, damages and avoidance; • liability exemptions; and • key reservations under Articles 92–96
Author: Joseph Lookofsky
Publisher: Kluwer Law International B.V.
ISBN: 9403540737
Category : Law
Languages : en
Pages : 267
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Book Description
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
Author: Michael Maggi
Publisher: Kluwer Law International B.V.
ISBN: 9041122761
Category : Law
Languages : en
Pages : 347
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Book Description
Nations in all regions of the world today share a common international sales law, The United Nations Convention on Contracts for the International Sale of Goods (CISG). The Convention was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by a diplomatic conference on 11 April 1980. Since then, the number of countries that have adopted the CISG account for over two-thirds of all world trade. The area of international sales law continues to grow as technology and development take us to a global economy. As such, the study of the CISG has become an integral component of this ever-growing area of international commercial law. 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.
Author: Jie Luo
Publisher: Springer Nature
ISBN: 9819978440
Category : Law
Languages : en
Pages : 148
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Book Description
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.
