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Author: Peter Schlechtriem
Publisher: Mohr Siebeck
ISBN: 9783161479991
Category : Law
Languages : de
Pages : 982
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Book Description
English summary: Peter Schlechtriem is one of the leading scholars in the fields of uniform law, comparative law and the law of obligations. It is therefore not surprising that a large number of authors contributed to this Festschrift on his 70th birthday. On comparative law in particular, prominent experts from twelve countries, among which are the U.S.A, New Zealand, Japan and parts of Europe, deal with fundamental legal issues which will have to be addressed in the 21st century. German description: Peter Schlechtriem gilt als einer der fuhrenden Wissenschaftler im Bereich des Einheitsrechts, der Rechtsvergleichung und des Obligationenrechts. Entsprechend international ist auch der Kreis der Autoren, die zu dieser Festschrift anlasslich seines 70. Geburtstages beigetragen haben. Die fuhrenden Vertreter insbesondere der Rechtsvergleichung aus zwolf verschiedenen Landern - von Europa uber USA und Neuseeland bis Japan - beschaftigen sich hier mit grundlegenden Rechtsfragen, die sich im 21. Jahrhundert stellen. Neben methodischen Problemen der Rechtsvergleichung und der Rechtsangleichung liegt der Schwerpunkt der Beitrage vor allem im Bereich des Einheitsrechts und des vergleichenden Obligationenrechts. Wirtschafts- und gesellschaftsrechtliche sowie sachenrechtliche Beitrage runden das Bild ab.
Author: Peter Schlechtriem
Publisher: Mohr Siebeck
ISBN: 9783161479991
Category : Law
Languages : de
Pages : 982
Get Book Here
Book Description
English summary: Peter Schlechtriem is one of the leading scholars in the fields of uniform law, comparative law and the law of obligations. It is therefore not surprising that a large number of authors contributed to this Festschrift on his 70th birthday. On comparative law in particular, prominent experts from twelve countries, among which are the U.S.A, New Zealand, Japan and parts of Europe, deal with fundamental legal issues which will have to be addressed in the 21st century. German description: Peter Schlechtriem gilt als einer der fuhrenden Wissenschaftler im Bereich des Einheitsrechts, der Rechtsvergleichung und des Obligationenrechts. Entsprechend international ist auch der Kreis der Autoren, die zu dieser Festschrift anlasslich seines 70. Geburtstages beigetragen haben. Die fuhrenden Vertreter insbesondere der Rechtsvergleichung aus zwolf verschiedenen Landern - von Europa uber USA und Neuseeland bis Japan - beschaftigen sich hier mit grundlegenden Rechtsfragen, die sich im 21. Jahrhundert stellen. Neben methodischen Problemen der Rechtsvergleichung und der Rechtsangleichung liegt der Schwerpunkt der Beitrage vor allem im Bereich des Einheitsrechts und des vergleichenden Obligationenrechts. Wirtschafts- und gesellschaftsrechtliche sowie sachenrechtliche Beitrage runden das Bild ab.
Author: David Oser
Publisher: Martinus Nijhoff Publishers
ISBN: 9004167897
Category : Law
Languages : en
Pages : 203
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Book Description
This book offers in-depth analysis of the foundations of, and justifications for, application of the Unidroit Principles of International Commercial Contracts as the governing law to be recognized by arbitral tribunals and domestic courts.
Author: Christoph Brunner
Publisher: Kluwer Law International B.V.
ISBN: 9041127925
Category : Law
Languages : en
Pages : 626
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Book Description
Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
Author: Sonja Kruisinga
Publisher: Intersentia nv
ISBN: 9050953638
Category : Contracts (International law)
Languages : en
Pages : 316
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Book Description
The 1980 UN Convention on Contracts for the International Sale of Goods (CISG) unifies the law governing the rights and obligations arising from a contract for the international sale of goods for the seller and the buyer. The CISG entered into force on 1 January 1988. The current number of 62 contracting States, representing two thirds of the world trade, shows the relevance of this Convention. Moreover, the International Chamber of Commerce (ICC) has published a model for an international sales contract that presupposes the application of the Convention. Since no supranational court exists to safeguard a uniform interpretation of its provisions, the case law from different states on the basis of the CISG needs to be compared. One of the main obligations for the seller under the Convention is to deliver goods which are in conformity with the contract (art. 35 CISG). With respect to this particular obligation, a number of questions have arisen. For example, do the goods delivered need to comply with any public law requirements in the country where the goods will be used? When and how does a buyer have to give notice to the seller of any lack of conformity? Is any fault on the part of the seller required for a buyer to be able to rely on this provision? Who bears the burden of proof? Can a buyer rely on any concurrent claims based on national law, alongside his claim based on lack of conformity? This book contains an analysis of the case law that has been established on the basis of the CISG concerning the aforementioned questions. Special attention has been paid to court decisions in Austria, Belgium, France, Germany, the Netherlands and Switzerland, as well as to arbitral awards by the ICC Court of Arbitration. In this respect, the role of the UNIDROIT Principles of International Commercial Contracts in the interpretation of the CISG has also been analysed. The book provides a unique combination, because it contains both an analysis of the issue of (non-)conformity as such and an overview of the recent case law on this topic, as well as recommendations for international commercial practice. Therefore, this book will be of interest to both academics and legal practitioners.
Author: Thomas Neumann
Publisher: Walter de Gruyter
ISBN: 3866539622
Category : Law
Languages : en
Pages : 292
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Book Description
Author: Leandro Tripodi
Publisher: BRILL
ISBN: 9004305319
Category : Law
Languages : en
Pages : 204
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Book Description
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.
Author: John Bell
Publisher: Hart Publishing
ISBN: 1841133612
Category : Law
Languages : en
Pages : 263
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Book Description
Scrutinizes issues in EU Law, the law of the Council of Europe and Comparative Law which have come to the fore during the year preceding publication.
Author: Susanne Winkler
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110403633
Category : Language Arts & Disciplines
Languages : en
Pages : 304
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Book Description
This edited volume investigates the concept of ambiguity and how it manifests itself in language and communication from a new perspective. The main goal is to uncover a great mystery: why can we communicate effectively despite the fact that ambiguity is pervasive in the language that we use? And conversely, how do speakers and hearers use ambiguity and vagueness to achieve a specific goal? Comprehensive answers to these questions are provided from different fields which focus on the study of language, in particular, linguistics, literary criticism, rhetoric, psycholinguistics, theology, media studies and law. By bringing together these different disciplines, the book documents a radical change in the research on ambiguity. The innovation is brought about by the transdisciplinary perspective of the individual and co-authored papers that bridge the gaps between disciplines. The research program that underlies this volume establishes theoretical connections between the areas of (psycho)linguistics that concentrate on the question of how the system of language works with the areas of rhetoric, literary studies, theology and law that focus on the question of how communication works in discourse and text from the perspective of both production and perception. A three-dimensional Ambiguity Model is presented that serves as a theoretical anchor point for the analyses of the different types of ambiguities by the contributors of this volume. The Ambiguity Model is a hybrid model which brings together the different perspectives on how language and the language system work with respect to ambiguity as well as the question of how ambiguity is employed in communication and in different communicational settings. A set of specific features that are relevant for the description of ambiguity, such as whether the ambiguity arises in the production or perception process, and whether it occurs in strategic or nonstrategic communication, are defined. The research program rests on the assumption that both the production and the perception of ambiguity, as well as its strategic and nonstrategic occurrence, can only be understood by exploring how these factors interact with each other and a reference system when ambiguity is generated and resolved. The collection Ambiguity: Language and Communication constitutes a superb introduction to the workings of ambiguity in language and communication along with extensive analyses of many different examples from different fields. As such it is relevant for students of linguistics, literary studies, rhetoric, law and theology and at the same time there is sufficient quality analysis and new research questions to benefit advanced readers who are interested in ambiguity.
Author: Vicente, Dário M.
Publisher: Edward Elgar Publishing
ISBN: 1789905818
Category : Law
Languages : en
Pages : 496
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Book Description
This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.
Author: Csongor István Nagy
Publisher: BRILL
ISBN: 9004694560
Category : Law
Languages : en
Pages : 217
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Book Description
This book provides a concise and analytical introduction to private international law in Hungary: international jurisdiction of courts, choice of law (applicable law) and the recognition and enforcement of foreign judicial decisions. It presents both Hungarian conflicts rules and their judicial practice and the application of EU conflicts rules by Hungarian courts.
