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Conformity of Goods and Documents

Conformity of Goods and Documents Author Djakhongir Saidov
ISBN-10 9781782258872
Release 2015-04-30
Pages 318
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This book provides a detailed examination of the issue of conformity of goods and documents under the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG). This issue lies at the heart of sales law and is one of the most frequently litigated. The book explores: the Convention's requirements as to quality, quantity, description and packaging of the goods (conformity); the requirements flowing from the need for the goods to be free from rights or claims of third parties; and the questions of what documents the seller must deliver to the buyer and what constitutes a 'good' document under the CISG. The book engages extensively with a substantial body of cases decided under the CISG and academic commentary. It systematises the Convention's experience to date with a view to turning it into an integrated, comprehensive and distinctive CISG legal regime on conformity of goods and documents. The analysis is comparative and draws on the experience of some major domestic legal systems, such as English and US law. The focus is both analytical and practical. The book will be of interest to legal practitioners, academic lawyers and students with an interest in international and comparative sales, commercial and contract law.



Contract Damages

Contract Damages Author Djakhongir Saidov
ISBN-10 9781847314338
Release 2008-05-30
Pages 532
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This book is a collection of essays examining the remedy of contract damages in the common law and under the international contract law instruments such as the Vienna Convention on Contracts for the International Sales of Goods and the UNIDROIT Principles of International Commercial Contracts. The essays, written by leading experts in the area, raise important and topical issues relating to the law of contract damages from both theoretical and practical perspectives. The book aims to inform readers of current developments, problems, trends and debates surrounding contract damages and reflects an ongoing dialogue on damages among representatives of common law, civil law, mixed and trans-national legal systems. The general issues addressed in the collection include the purpose and scope of damages, the measures of damages, recoverability of losses, methods of limiting damages and the assessment of damages. A special emphasis is placed on the examination of the role of gain-based damages, the meaning and definition of loss, the recoverability of damages for injury to business reputation, the recoverability of legal fees, the rules of mitigation and foreseeability, the dilemma between the 'abstract' and 'concrete' approaches to the calculation of damagesand the relationship between changes in monetary value and the assessment of damages.



The CISG

The CISG Author Peter Huber
ISBN-10 9783866537286
Release 2007-01-01
Pages 432
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"... there is a lack of a clear and simple exposition of the CISG for students and practitioners. That is the role of the current book, which it fills admirably. All of the issues that have been raised in the cases and the literature are considered, but without excessive detail. This is a book that will do much to make the CISG an easily understandable text for all users, student and pracitioner alike." Preface by Professor Eric E. Bergsten



Damages Under the Convention on Contracts for the International Sale of Goods

Damages Under the Convention on Contracts for the International Sale of Goods Author Bruno Zeller
ISBN-10 9780195371864
Release 2009
Pages 269
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Damages Under the Convention on Contracts for the International Sale of Goods, Second Edition presents a practical and detailed analysis of the methods used to determine and calculate damages under the United Nations Convention on Contracts for the International Sale of Goods (CISG). Incorporating both worldwide judicial and arbitral decisions, Damages Under the CISG, Second Edition, is a unique and comprehensive guide to fully understanding this important area of law. It provides authoritative guidance on the differences that exist between uniform international instruments and domestic laws and offers comparative analysis of the calculation of damages under the civil and common law systems. The fault system and causation principle are compared with the foreseeability principle, one of the key considerations under Article 74 of the CISG. Where applicable to understanding damages issues, the UNIDROIT Principles and the Principles of European Contract Law are referenced in depth. These principles have been updated and the information revamped for the second edition, as well as additional information on fundamental breach of contract.



Uniform Sales Law

Uniform Sales Law Author Peter Schlechtriem
ISBN-10 3214065580
Release 1986
Pages 120
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Uniform Sales Law has been writing in one form or another for most of life. You can find so many inspiration from Uniform Sales Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Uniform Sales Law book for free.



Review of the Convention on Contracts for the International Sale of Goods CISG

Review of the Convention on Contracts for the International Sale of Goods  CISG Author Pace International Law Review
ISBN-10 9783866530164
Release 2007
Pages 260
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The Review of the of the Convention on Contracts for the International Sale of Goods (CISG) is published annually and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to the writings analyzing the various articles of the CISG, the book compiles translations of recent decisions as well as commentaries of notable cases relating to the CISG. The book provides a forum for legal discussion within the international legal community in the area of international sales law and is an authoritative source of reference for international scholars. This 2005-2006 volume includes the following articles: -- How the Fact of Accepting Good Faith as a General Principle of the CISG Will Bring More Uniformity -- Defective Performance in Contracts for International Sale of Goods: A Comparative Analysis Between the Brazilian Law and the 1980 United Nations Convention on Contracts for the International Sales of Goods -- Canadian Jurisprudence and the Uniform Application of the UN Convention on Contracts for the International Sale of Goods -- Good Faith in the CISG: The Interpretation Problems of Article 7



Uniform Law for International Sales Under the Nineteen Eighty United Nations Convention

Uniform Law for International Sales Under the Nineteen Eighty United Nations Convention Author John Honnold
ISBN-10 9789041106483
Release 1999-03-29
Pages 608
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Uniform law for the international sale of goods is now in force in each continent and used by over fifty of the world's major trading nations. the United Nations Convention on Contracts for the International Sale of Goods (CISG) is widely recognized as a landmark effort to harmonize laws governing international transactions. More than a decade after its initial implementation and widespread use in thousands of contracts, tribunals in jurisdictions around the world are reviewing articles of the Convention and citing them in both judicial and arbitral cases. Professor John Honnold, renowned scholar of commercial law, former Chief of the UN International Law Branch and Secretary of the UN Commission on International Trade Law, led the work of drafting and adopting the 1980 Convention on the International Sale of Goods. the previous two editions of Professor Honnold's Uniform Law for International Sales have been appreciated by their many users for his pragmatic and concrete approach to the Convention, and recognized as essential commentaries for anyone seeking to understand the jurisprudence that went into its creation and implementation. with the publication of the third edition of Uniform Law for International Sales, Professor Honnold is once again providing tribunals, practitioners, and scholars with invaluable insights into the meaning of each Article of the Convention. As in previous editions, the author offers concrete examples to illustrate practical applications of the Convention, but now he also cites the hundreds of decisions that apply to the Convention. Many of these decisions will influence the promotion of uniformity among countries that have adopted the Convention, encourage the settlement of disputes, and create a consensus for change when application of the Convention seems questionable. The UN Convention on Contracts of the International Sales of Goods has changed the way international sales contracts are drafted and any resulting disputes settled. Professor Honnold's Uniform Law for International Sales, 3rd Edition provides the necessary insight and practical analysis for all those seeking a comprehensive examination of this most important Convention.



UN Convention on Contracts for the International Sale of Goods CISG

UN Convention on Contracts for the International Sale of Goods  CISG Author Stefan Kröll
ISBN-10 3848724928
Release 2015-09-24
Pages 1314
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UN Convention on Contracts for the International Sale of Goods CISG has been writing in one form or another for most of life. You can find so many inspiration from UN Convention on Contracts for the International Sale of Goods CISG also informative, and entertaining. Click DOWNLOAD or Read Online button to get full UN Convention on Contracts for the International Sale of Goods CISG book for free.



Global Sales and Contract Law

Global Sales and Contract Law Author Ingeborg Schwenzer
ISBN-10 9780199572984
Release 2012-01-26
Pages 873
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Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.



Conformity of Goods in International Sales

Conformity of Goods in International Sales Author René Franz Henschel
ISBN-10 8761908878
Release 2005
Pages 328
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"The Conformity of Goods in International Sales gives a systematic analysis of Article 35 in the United Nations Convention on Contracts for the International Sale of Goods (CISG). Baed on a detailed annalysis of hte most improtant cases and leading academic writing, Article 35 is described as a historical compromise between caveat emptor and caveat venditor and it is hown that the Articel is to be supplemented by the general rules of contract law inside and outside the convention, suhc as the principle of good faith in Article 7 CISG, the rules of interpretation and usage in Article 8 and Article 9 CISG and the UNIDROIT Principles of International Commercial Contracts ..." (from backcover)



The Law of Damages in International Sales

The Law of Damages in International Sales Author Djakhongir Saidov
ISBN-10 9781847314598
Release 2008-09-17
Pages 322
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The book aims to explore the remedy of damages in international sales transactions. Its focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, and the Principles of European Contract Law. The issues addressed in the book include: the basis for the right to claim damages, definition and purpose of damages, the idea of limiting damages, principles underlying the award of damages, classification of losses and heads of recoverable losses, causation, foreseeability, mitigation, standards of proving losses and methods of calculating and determining the amount of damages. The book draws on the experience of some major legal systems in dealing with contract damages as well as on the body of cases and scholarly writings on the international instruments. In doing so, the book attempts to provide a justification for the existing rules on damages, highlights the problems in their interpretation and application, and proposes solutions to the existing problems in the light of relevant policies and goals pursued by the international instruments. The work will be of interest to practitioners involved in international commercial transactions, scholars and students interested in international commercial and comparative contract law.



Basic Documents on International Trade Law

Basic Documents on International Trade Law Author Chia-Jui Cheng
ISBN-10 185333359X
Release 1990-02-22
Pages 969
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Basic Documents on International Trade Law has been writing in one form or another for most of life. You can find so many inspiration from Basic Documents on International Trade Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Basic Documents on International Trade Law book for free.



United Nations Convention on Contracts for the International Sale of Goods

United Nations Convention on Contracts for the International Sale of Goods Author United Nations
ISBN-10 9211336996
Release 2011-02-10
Pages 42
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United Nations Convention on Contracts for the International Sale of Goods has been writing in one form or another for most of life. You can find so many inspiration from United Nations Convention on Contracts for the International Sale of Goods also informative, and entertaining. Click DOWNLOAD or Read Online button to get full United Nations Convention on Contracts for the International Sale of Goods book for free.



Commentary on the UN Convention on the International Sale of Goods CISG

Commentary on the UN Convention on the International Sale of Goods  CISG Author Peter Schlechtriem
ISBN-10 0199275181
Release 2005
Pages 1149
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The Convention on the International Sale of Goods is one of the most successful attempts to unify parts of the law of international commerce. The Convention is now in force in more than 60 states, and there are thousands of decisions by courts and arbitral tribunals that apply the rules of theConvention, numerous books and innumerable contributions by scholars and practitioners on the Convention and its various topics and problems. Moreover, the CISG has had a great influence on modern domestic laws, such as the Scandinavian Sales Law, the Netherlands Wetboek, the Commercial Code ofCzechia, the new German Law of Obligations and the new codifications in former Socialist states as well as on projects to unify the law, for example the UNIDROIT Principles for International Commercial Contracts and the European Principles of Contract Law. This is the second edition of the Commentary on the UN Convention on the International Sale of Goods (CISG), first published in 1998. It is based on a broad comparative analysis of decisions and scholarly contributions from all states which has enacted the Convention. The contributors to this book,all being experts in their respective fields, based their analysis on the conviction that in order to do justice to the directive of Art. 7(1) CISG that "in the interpretation of this Convention regard is to be had to its international character and to the need to promote uniformity in itsapplication", understanding and interpretation of the Convention in the light of one domestic legal system alone would be inadequate, and that, therefore, it were required to closely follow, report and compare judicial and scholarly views from all jurisdictions accessible to the contributors. Thefirst edition of this Commentary has become an important source for the reading and explanation of the Convention, and it is frequently cited by legal writers, courts and tribunals from all over the world.



International Sales Law

International Sales Law Author Larry A. DiMatteo
ISBN-10 9781107782808
Release 2014-02-17
Pages
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This 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. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how 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 good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.



35 Years Cisg and Beyond

35 Years Cisg and Beyond Author Ingeborg Schwenzer
ISBN-10 9462366241
Release 2015-11-30
Pages 382
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This book contains the presentations given at the conference '35 Years CISG and Beyond, ' hosted by the University of Basel, SVIR/SSDI (Swiss Association for International Law) and UNCITRAL (United Nations Commission on International Trade Law) in January 2015. The conference focused on open issues in regard to the CISG's (Contracts for the International Sale of Goods) application and on any possible further harmonization and unification of contract law. The following topics are covered: economic analysis of CISG; the decline of reservations; extending the CISG; CISG, state action, and regionalization; and CISG and fair contract law. Speakers at the conference included the world's leading scholars on the CISG and comparative law, among them the members and rapporteurs of the CISG Advisory Council. Contents include: Part I - Economic Analysis of the CISG [Saving Transaction Costs * Choice of Law in Practice: A Global Empirical Survey] *** Part II - The Decline of Reservations [Reservations and the CISG: The Borderland of Uniform International Sales Law and Treaty Law after 35 Years * Reservations, the Case of the Scandinavian Countries * The Reservation from the Freedom of Form Principle of the CISG: The Case of Russia * The Application of the CISG in International Commercial Arbitration in China] *** Part III - Extending the CISG [Extending the Scope of the 1980 Vienna Convention on the International Sale of Goods to Framework Distribution Contracts * Natural Gas and the CISG * The CISG and Statute of Limitations * Control of Unfair Standard Terms in International Commercial Contracts * CISG and the Default Interest Rate in Arbitration] *** Part IV - CISG, State Action, and Regionalization [Do We Really Need Special Provisions for Business-to-Consumer Sales? * Application of the CISG to International Government Procurement of Goods * OHADA and CISG: Alternatives or Complementary Instruments? * Harmonization in the European Union * Contract Law in Latin America: Building of a 'Latin American' Ius Commune on Contract Law] *** Part V - CISG and Fair Contract Law [The Politics of Fairness in CISG * The CISG: A Secret Weapon in the Fight for a Fairer World? * International Fair Trade: Fair Trade in International Contracts and Ethical Standard * Beyond CISG: Agricultural Production under Contract * The Future of Contract Law Harmonization: A View From Unidroit] *** Librarians: ebook available (Series: International Commerce and Arbitration (ICA) - Vol. 19) [Subject: Trade Law, Commercial Law, Arbitration



International Sale of Goods

International Sale of Goods Author Petar Šarčević
ISBN-10 UCSD:31822003314135
Release 1986
Pages 508
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International Sale of Goods has been writing in one form or another for most of life. You can find so many inspiration from International Sale of Goods also informative, and entertaining. Click DOWNLOAD or Read Online button to get full International Sale of Goods book for free.