Commentary on the UN Convention on the International Sale of Goods (CISG)
Author: Peter Schlechtriem
Publisher:
Published: 2010
Total Pages: 1480
ISBN-13: 9783406603518
DOWNLOAD EBOOKRead and Download eBook Full
Author: Peter Schlechtriem
Publisher:
Published: 2010
Total Pages: 1480
ISBN-13: 9783406603518
DOWNLOAD EBOOKAuthor: Christoph Brunner
Publisher: Kluwer Law International B.V.
Published: 2019-03-18
Total Pages: 982
ISBN-13: 9041199799
DOWNLOAD EBOOKBuyers 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.
Author: Thomas Neumann
Publisher:
Published: 2012
Total Pages: 0
ISBN-13: 9783866532205
DOWNLOAD EBOOKChapter Preface v Contents ix Abbreviations and Terminology xv 1. Introduction 2. Methodology Considerations 3. Development 4. Comparison to Other Provisions 5. Underlying Principles and Good Faith 6. Conditions for Exemption 7. Legal Consequences 8. Domestic Law and Homeward Trends 9. Conclusions Bibliography Case Law and Arbitral Awards Other Materials Index.
Author:
Publisher:
Published: 1999
Total Pages: 408
ISBN-13:
DOWNLOAD EBOOKAuthor: Joseph M. Lookofsky
Publisher:
Published: 2012
Total Pages: 0
ISBN-13: 9789041140241
DOWNLOAD EBOOK"This book was originally published as a monograph in the International encyclopaedia of laws/Contract law."
Author: Ingeborg Schwenzer
Publisher: Bloomsbury Publishing
Published: 2012-10-26
Total Pages: 989
ISBN-13: 1782250069
DOWNLOAD EBOOKWritten 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.
Author: Peter Schlechtriem
Publisher: Springer
Published: 2008-10-10
Total Pages: 352
ISBN-13: 9783540253143
DOWNLOAD EBOOKThis 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.
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
Published: 2014-02-17
Total Pages: 0
ISBN-13: 9781107020382
DOWNLOAD EBOOKPart I. History and Researching the CISG: 1. Global challenge of international sales law Larry A. DiMatteo; 2. History of the CISG and its present status Vikki Rogers and Kaon Lai; 3. CISG: divergences between success-scarcity and theory-practice Olaf Meyer; 4. CISG sources and researching the CISG Marie Stefanini Newman; 5. CISG translation issues: reducing legal babelism Claire M. Germain; 6. CISG in national courts Camilla Andersen; Part II. Interpretation and Use of CISG: 7. Interpretive methodologies in the interpretation of the CISG Larry A. DiMatteo and AndraɠJanssen; 8. Divergent interpretations - reasons and solutions Ingeborg Schwenzer; 9. Good faith principle - vexata quaestio Francesco G. Mazzotta; 10. CISG and international arbitration André Janssen and Matthias Spilker; 11. The CISG as soft law and choice of law Lisa Spagnolo; Part III. Interpreting CISG's Substantive Provisions: 12. Contract formation Morton Midtgaard Fogt; 13. CISG and the battle of the formThis 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 at present and into the future. The book covers three general research methodologies: (1) Doctrinal or Descriptive, (2) Theoretical, and (3) Practical. In the area of Doctrinal-Descriptive analysis, the substance of CISG rules is reviewed and alternative interpretations of those rules are analyzed. A comparative analysis is given of how numerous 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 the proper role of good faith in CISG jurisprudence. The practitioner perspective argues that the CISG should be viewed as an opportunity to further the interests of business clients.The book includes a review of the case law relating to the interpretation and application of the provisions of the CISG; analyzes how the CISG has been recognized and implemented by national courts, as well as arbitral tribunals; offers insights into the problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places the CISG in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective, including how to use the CISG proactively.s Bruno Zeller; 14. Conformity of goods - inspection and notice Harry M. Flechtner; 15. Interpreting fundamental breach Aneta Spaic; Part IV. Remedies and Damages: 16. Remedies - damages, price reduction, avoidance, mitigation, and preservation Ulrich Magnus; 17. Legal costs as reimbursable damages Burghard Piltz; 18. Excuse of impediment and its usefulness Martin Davies; Part V. Country Analyses: Europe: 19. Austria Wolfgang Faber; 20. Baltic states, Belarus, and Ukraine Tadas Klimas; 21. France Sylvaine Poillot-Peruzzetto; 22. Germany country analysis - good faith, formation, and conformity of goods Stefan Kröll; 23. Germany country analysis - remedies Sörren Kiene; 24. Italy Edoardo Ferrante; 25. The Nordic countries Jan Ramberg; 26. CISG in Southeastern Europe Milena Djordjević and Vladimir Pavić; 27. Spain Pilar Perales Viscasillas and Javier Solana Álvarez; 28. Switzerland Corinne Widmer Lüchinger; 29. The Netherlands Sonja A. Kruisinga; Part VI. A World View of the CISG: 30. Islamic legal systems and the CISG: the case of Egypt Hossam A. El-Saghir; 31. Israel Yehuda Adar; 32. New Zealand Petra Butler; 33. Peoples' Republic of China Li Wei; 34. United States and Canada Robert W. Emerson and Ann M. Olazábal; 35. Central and South America Virginia G. Maurer; 36. CISG across national legal systems Larry A. DiMatteo; Part VII. Theoretical Insights:
Author: Joseph Lookofsky
Publisher: Kluwer Law International B.V.
Published: 2022-08-09
Total Pages: 276
ISBN-13: 9403541938
DOWNLOAD EBOOKThe 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.
Author: Michael Maggi
Publisher: Kluwer Law International B.V.
Published: 2004-01-01
Total Pages: 347
ISBN-13: 9041122761
DOWNLOAD EBOOKNations 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.