UN Law on International Sales

This book describes and analyses the rules and provisions of the United Nation Convention on the International Sale of Goods of 1980 - CISG-.

Author: Peter Schlechtriem

Publisher: Springer

ISBN: 3540253149

Category: Law

Page: 352

View: 698

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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.

Basic Documents on International Trade Law

Billette, C.P. and Scott, R.E., “The Political Economy of International Sales Law”, (2005) 25 International Review of Law and ... Petra, UN Law on International Sales: The UN Convention on the International Sale of Goods, Springer ...

Author: Chia-Jui Cheng

Publisher: Kluwer Law International B.V.

ISBN: 9789041140654

Category: Law

Page: 1736

View: 370

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Anyone involved in trade law knows the time-consuming nature of obtaining primary source material and consulting each of the main trade laws. Now in its fourth edition, Basic Documents in International Trade Law solves this problem by assembling, in a single, easy-to-use resource, a very comprehensive collection of the most important and frequently used documents on the law of international trade. In addition to its obvious practical value, this work reveals much about the process of harmonization in international trade law and the operation of the key international trade bodies. This makes the book a helpful reference for international business lawyers, researchers, legislators and government officials in the field. Since the successful publication of the previous editions of the book, the appearance of new conventions and model laws has considerably enriched the law of international trade, and the present edition contains a wealth of new material. The book has been substantially revised and several new instruments have been included. Among the most significantly important improvements to this new edition are new chapters added to different parts of the book, a redesigned and thoroughly revised Part 6 reflecting the expansion of intellectual property rights under the framework of treaties administered by World International Property Organization, and bibliographies and other research resources updated and enlarged to include an extraordinarily rich collection of books and articles in many trading languages besides English, including, for the first time, major Chinese works in the international trade law field. As the late Prof. Clive M. Schmitthoff commented on the first edition, the book ‘is not only of practical usefulness but has also considerable jurisprudential value’, and ‘reveals the methodology of the harmonization process in the area of international trade law’. The International Business Lawyer first commented in 1987 that the book ‘can only be described as a “vade mecum” for every international business lawyer’, an assessment that now seems more merited than ever.

Performance Oriented Remedies in European Sale of Goods Law

PM North and JJ Fawcett, Cheshire and North's Private International Law, 13th edn (London, Butterworths, 1999) E Peden, ... 1994) H-B Schäfer and C Ott, Lehrbuch der ökonomischen Analyse des Zivilrechts, 4th edn (Berlin, Springer, ...

Author: Vanessa Mak

Publisher: Bloomsbury Publishing

ISBN: 9781847314802

Category: Law

Page: 244

View: 558

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Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.

Impossibility in Modern Private Law

... for the International Sale of Goods, <http://www.cisg.law.pace.edu/ cisg/biblio/4corners.html>. (Cited as: Zeller) Zerres, Thomas: Bu ̈rgerliches Recht, Ein einfu ̈hrendes Lehrbuch in das Zivil- und Zivilprozessrecht, Springer, ...

Author: Hüseyin Can Aksoy

Publisher: Springer Science & Business Media

ISBN: 9783319017044

Category: Law

Page: 200

View: 178

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This book provides an analysis of the treatment of impossibility in modern private law. The author explains the regulation of impossibility in German, Swiss and Turkish laws with a comparative analysis of the subject under (i) the United Nations Convention on International Sale of Goods (CISG), (ii) UNIDROIT Principles of International Commercial Contracts (PICC), (iii) Principles of European Contract Law (PECL also known as the Lando-Principles), (iv) Draft Common Frame of Reference (DCFR) and (iv) Common European Sales Law (CESL).

Forum Shopping Despite Unification of Law

“The Contribution of UNCITRAL to the Development of International Trade”, in N. Horn and C. Schmitthoff (eds.) ... in the International Sale of Goods and Section 2-725 of the Uniform Commercial Code”, 25 Texas International Law Journal ...

Author: Franco Ferrari

Publisher: BRILL

ISBN: 9789004502925

Category: Law

Page:

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According to some commentators, forum shopping is an “evil” that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.

Making Foreign People Pay

The reservation of title clauses, for example, is applied in the international sales of goods as well.34 In Turkish law there are a number of special provisions which enables land-, ship- and aircraft-mortgage in a foreign currency ...

Author: Ali Cem Budak

Publisher: Routledge

ISBN: 9780429780110

Category: Social Science

Page: 360

View: 548

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First published in 1999, Making Foreign People Pay deals with the recovery of monetary claims in cross-border legal relations and contains the results of a comparative empirical research of debt recovery procedures of three countries with different socio-legal environments, Germany, England and Turkey. In order to analyse judicial debt recovery of cross-border claims, court statistics and files have been evaluated. The data show an infrequent use of the courts in all three countries. It seems that legal efforts aiming at facilitating international procedures have not been successful. But court procedures for the recovery of monetary claims are now to a large extent interchangeable with what may be called ‘privatised methods of debt collection’, including modern financial services such as factoring, forfaiting and commercial debt collection. Empirical evidence shows that such privatization of debt collection is a strong trend in cross-border debt collection. The book is an empirical contribution to the ongoing discussion of globalization processes and describes an important field of the globalization of law.

The Draft Common Frame of Reference as a Toolbox for Domestic Courts

Kluwer Law International, The Hague Lange H (1976) Ada ̈quanztheorie, Rechtswidrigkeitszusammenhang, Schutzzwecklehre und selbsta ̈ndige Zurechnungsmomente. JZ 31(7):198–207 Lange H, Schiemann G (2003) Schadensersatz. In: Gernhuber J ...

Author: Marta Santos Silva

Publisher: Springer

ISBN: 9783319529233

Category: Law

Page: 275

View: 142

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This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.

Proportionality and Judicial Activism

'Reasonableness and Value Pluralism in Law and Politics', in Giorgio Bongiovanni, Giovanni Sartor and Chiara Valentini (eds.), Reasonableness and Law (Dordrecht: Springer, 2009), pp. 129–46. Sales, Philip, 'Rationality, Proportionality ...

Author: Niels Petersen

Publisher: Cambridge University Press

ISBN: 9781316834039

Category: Law

Page:

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The principle of proportionality is currently one of the most discussed topics in the field of comparative constitutional law. Many critics claim that courts use the proportionality test as an instrument of judicial self-empowerment. Proportionality and Judicial Activism tests this hypothesis empirically; it systematically and comparatively analyses the fundamental rights jurisprudence of the Canadian Supreme Court, the German Federal Constitutional Court and the South African Constitutional Court. The book shows that the proportionality test does give judges a considerable amount of discretion. However, this analytical openness does not necessarily lead to judicial activism. Instead, judges are faced with significant institutional constraints, as a result of which all three examined courts refrain from using proportionality for purposes of judicial activism.

New Directions in European Private Law

84 86 87 88 H-B Schäfer and OC Lehrbuch, Der ökonomischen Analyse des Zivilrechts, 5th edn (Berlin, Springer, 1986). ... Economics and Law' International PhD Programme established by University of Turin and Collegio Carlo Alberto.

Author: Takis Tridimas

Publisher: Bloomsbury Publishing

ISBN: 9781509935628

Category: Law

Page: 264

View: 435

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This book brings together leading scholars and practitioners, to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and sharing economy that has been continuously addressed in the recent years by European private law. A fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies potential future policy directions in which the European private law may develop in the future.

The Common European Sales Law in Context

121 P Nebbia, Unfair Contract Terms in European Law (Oxford: Hart 2007) 21; S Weatherill, EU Consumer Law and Policy ... 81–2; HB Schäfer and C Ott, Lehrbuch der ökonomischen Analyse des Zivilrechts (4th edn, Berlin: Springer 2005) 513; ...

Author: Gerhard Dannemann

Publisher: OUP Oxford

ISBN: 9780191668173

Category: Law

Page: 856

View: 961

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European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.