Retention of Title Clauses in Sale of Goods Contracts in Europe

Retention of Title Clauses in Sale of Goods Contracts in Europe

Author: Iwan Davies

Publisher: Routledge

Published: 2017-03-02

Total Pages: 143

ISBN-13: 135190373X

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The book sets out the characteristics and nature of Retention of Title Clauses in the UK and 14 other European countries. ROTs stand at the junction of so many aspects of substantive law, including contract, sale of goods, trusts, personal property security and company charges. This work identifies these concepts as they apply in each Jurisdiction considered. At present there is no work which sets out ROTs as a phenomenon in the Commercial Law of Europe and there is no point of easy reference for anyone working in the field in this regard. An obvious virtue of this work is that it makes the law accessible. Each essay is written by experts in the field within their own Jurisdiction.


Secured Credit Under English and American Law

Secured Credit Under English and American Law

Author: Gerard McCormack

Publisher: Cambridge University Press

Published: 2004-06-14

Total Pages: 446

ISBN-13: 9780521826709

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McCormack examines English law on Secured Credit, highlighting its weaknesses, and evaluating possible remedies. Contains the text of Article 9.


The Harmonisation of the International Sale of Goods through Principles of Law and Uniform Rules

The Harmonisation of the International Sale of Goods through Principles of Law and Uniform Rules

Author: Jorge Balmaceda

Publisher: Cambridge Scholars Publishing

Published: 2020-04-02

Total Pages: 456

ISBN-13: 1527549127

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This book describes how the international sales of goods have generally been ruled by either English Law or Civil Law, which has often posed problems due to different approaches regarding certain principles and institutions. It clarifies how the Vienna Convention on Contracts for the International Sale of Goods of 11th April, 1980, tried to harmonise these differences with a codification technique, typical of civil law, giving privilege to rules of civil law most of the time, but also introducing institutions from common law, that are not incompatible with civil law. It explains why the general principles of civil law and of UNIDROIT help with this goal of harmonisation, integrating the loopholes of the UN Convention on Contracts for the International Sale of Goods (CISG) during its interpretation. The work demonstrates why codification prevails over common law in the CISG most of the time, giving certitude and sophistication to this matter, which is vital for global commerce.


The Law of Corporate Finance: General Principles and EU Law

The Law of Corporate Finance: General Principles and EU Law

Author: Petri Mäntysaari

Publisher: Springer Science & Business Media

Published: 2009-11-11

Total Pages: 429

ISBN-13: 3642030556

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1. 1 Investments, Generic Contracts, Payments According to Volume I, contracts are one of the five generic legal tools used to manage cash flow, risk, agency relationships, and information. Many investments are therefore based on one or more contracts. Obviously, the firm should draft good contracts. Good drafting can ensure the same intended cash flow with reduced risk. Bad drafting can increase risk. This volume attempts to deconstruct contracts used by non-financial firms and analyse them from a cash flow, risk, agency, and information perspective. The starting point is a generic contract, i. e. a contract which does not belong to any particular contract type (Chapters 2–7). This volume will also focus on payment obligations. Payment obligations are characteristic of all financial instruments, and they can range from simple payment obligations in minor sales contracts and traditional lending contracts (Chapters 8– 11). 1. 2 Particular Contract Types A number of particular contract types have been discussed in the other volumes of this book. (1) A certain party’s investment contract can be another party’s fu- ing contract. Particular investment contracts will therefore be discussed in Volume III in the context of funding. (2) Many contracts are necessary in the context of business acquisitions discussed in Volume III. (3) Multi-party contracts are c- mon in corporate finance. The firm’s contracts with two or more parties range from syndicated loans to central counterparties’ contracts. Such contracts will be discussed both in Chapter 12 and Volume III.


Remedies in Contract and Tort

Remedies in Contract and Tort

Author: Donald Harris

Publisher: Cambridge University Press

Published: 2002-03

Total Pages: 692

ISBN-13: 9780521606059

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Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.


Transfer of Ownership in International Trade

Transfer of Ownership in International Trade

Author: Alexander von Ziegler

Publisher: Kluwer Law International B.V.

Published: 2011-01-01

Total Pages: 506

ISBN-13: 9041131345

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Including law from Australia, Austria, Brazil, Canada, Chile, China, Denmark, England, Finland, France, Germany, India, Italy, Japan, Republic of Korea, Netherlands, Norway, Russia, South Africa, Spain, Sweden, Switzerland, And United States of America (U.S.A.)


Property and Contract

Property and Contract

Author: John Cartwright

Publisher: Bloomsbury Publishing

Published: 2022-01-13

Total Pages: 273

ISBN-13: 1509929347

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This book explores a range of comparative issues in, and in the relationship between, property law and contract law in English and Spanish law. It also draws on other jurisdictions. The purpose is to give readers access to discussions of these areas of private law that are not easily accessible elsewhere. It goes further, however, than simply setting out similarities and differences: it provides an insightful analysis of key points of interest in the comparison of the legal systems discussed.


International Trade Law

International Trade Law

Author: Indira Carr

Publisher: Routledge

Published: 2013-11-26

Total Pages: 1117

ISBN-13: 1317973968

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International Trade Law offers a clear overview of the complexities of an international sale transaction through informed analysis of case law, legislation, and international conventions and rules. Fully updated with changes to the law and new directions in legal debate, this new edition considers: • Standard trade terms including INCOTERMS 2010, the Convention on International Sales of Goods 1980 and the UNIDROIT Principles for International Commercial Contracts 2004 • E-Commerce issues, including electronic bills of lading • Insurance and payment mechanisms, such as letters of credit and the UCP 600 • International transportation of cargo, including the Rotterdam Rules • Dispute resolution, incorporating jurisdiction, applicable law, arbitration and mediation • Corruption and anti-corruption conventions, including the UK Bribery Act 2010 In addition to clarifying a range of topics through tables and diagrams, the book directs readers to relevant further reading and online resources throughout, offering students an accessible resource to this often challenging area of the law.


Security Interests in Mobile Equipment

Security Interests in Mobile Equipment

Author: Iwan Davies

Publisher: Routledge

Published: 2017-11-30

Total Pages: 471

ISBN-13: 1351731513

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This title was first published in 2002: This collection of essays marks the formal launch of the Centre for Instalment Credit Law at the University of Wales, Swansea. Divided into three sections, it examines the concept of security within domestic law; considers the choice of law rules; and ponders development of uniform law.


Principles, Definitions and Model Rules of European Private Law

Principles, Definitions and Model Rules of European Private Law

Author: Study Group on a European Civil Code

Publisher: sellier. european law publ.

Published: 2008

Total Pages: 406

ISBN-13: 3866530595

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In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.