The Uniform Interpretation Of The Un Sales Convention Cisg

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The Uniform Interpretation of the UN Sales Convention (CISG)

Author : Jie Luo
Publisher : Springer
ISBN 13 : 9789819978434
Total Pages : 0 pages
Book Rating : 4.9/5 (784 download)

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Book Synopsis The Uniform Interpretation of the UN Sales Convention (CISG) by : Jie Luo

Download or read book The Uniform Interpretation of the UN Sales Convention (CISG) written by Jie Luo and published by Springer. This book was released on 2024-06-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unification of international commercial law has been a common course for every country of the world. The U.N. Convention on Contracts for International Sale of Goods (CISG) is a milestone in creating a uniform law in the field of the international sale of goods. The CISG coordinated divergent political, economic, and legal systems combined different contract laws and set up a comprehensive and independent legal framework for the international sale of goods. This book examines the basic requirements and criteria of the CISG’s interpretation and investigates how to achieve the uniform interpretation of the CISG based on interpretation rules in the CISG and through appropriate legal interpretation approaches. As a comprehensive and uniform legal framework for the international sale of goods, the CISG still has gaps to fill. Therefore, a uniform interpretation in gap-filling is equally important for the CISG. This book discusses gap-filling in the CISG, explains why and how to fill its gaps, clarifies gap-filling approaches, their order of application, and eventually concentrates on general principles and the uniform interpretation of the CISG. Another feature of the book is to discuss the supplementary materials that could be used to assist in the uniform interpretation of the CISG. PICC, foreign cases, UNCITRAL Digest, and the CISG Advisory Council opinions will be examined in detail to see whether and how they can fill the gaps in the CISG and promote its uniform interpretation. Only by clarifying the basic requirements and principles relating to the CISG’s uniform interpretation, can courts and arbitral tribunals correct their attitude toward and practices in the interpretation of the CISG. Only by following the autonomous interpretation approach, can the CISG achieve its goal to unify the sale of goods laws and promote the development of international commerce.

An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law

Download An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law PDF Online Free

Author : John Felemegas
Publisher :
ISBN 13 : 9780511321030
Total Pages : 528 pages
Book Rating : 4.3/5 (21 download)

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Book Synopsis An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law by : John Felemegas

An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law

Author : John Felemegas
Publisher : Cambridge University Press
ISBN 13 : 9780521868723
Total Pages : 544 pages
Book Rating : 4.8/5 (687 download)

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Book Synopsis An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law by : John Felemegas

Download or read book An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law written by John Felemegas and published by Cambridge University Press. This book was released on 2007-01-08 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.

The CISG and its Impact on National Legal Systems

Author : Franco Ferrari
Publisher : Walter de Gruyter
ISBN 13 : 3866537298
Total Pages : 500 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis The CISG and its Impact on National Legal Systems by : Franco Ferrari

Download or read book The CISG and its Impact on National Legal Systems written by Franco Ferrari and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: In force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is considered to be the most successful convention promoting international trade. According to many commentators, this success is due, among others, to the fact that the Convention does not directly impact on the domestic law of the various legal systems, as it applies only to international - as opposed to purely domestic - contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convention does not have any impact on the domestic law at all. This book analyzes - through 24 country reports as well as a general report submitted to the 1st Intermediate Congress of the International Academy of Comparative Law held in November 2008 in Mexico City - to what extent the Convention de facto influences domestic legal systems. In particular, the book examines the Convention's impact on the practice of law, the style of court decisions as well as the domestic legislation in the area of contract law.

An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law

Author : John Felemegas
Publisher : Cambridge University Press
ISBN 13 : 1139462954
Total Pages : 223 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law by : John Felemegas

Download or read book An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law written by John Felemegas and published by Cambridge University Press. This book was released on 2007-01-08 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.

Honnold’s Uniform Law for International Sales under the 1980 United Nations Convention

Author : John Honnold
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041144498
Total Pages : 984 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Honnold’s Uniform Law for International Sales under the 1980 United Nations Convention by : John Honnold

Download or read book Honnold’s Uniform Law for International Sales under the 1980 United Nations Convention written by John Honnold and published by Kluwer Law International B.V.. This book was released on 2021-08-09 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on Contracts for the International Sale of Goods (CISG) has become the key framework for drafting international sales contracts and resolving resulting disputes. The remarkable progress of this epoch-making uniform international law calls for a new edition (the fifth) of the late Professor Honnold’s preeminent commentary, now issued under the authoritative hand of Harry M. Flechtner, editor of the fourth edition and a National Correspondent for the United States at UNCITRAL. Professor Flechtner updates Professor Honnold’s in-depth article-by-article exposition, addressing newly arising issues and taking into account the numerous decisions and scholarly analyses that have focused on the CISG in the twelve years since the last edition in 2009. Also expertly updated is Professor Honnold’s masterly overview of the development and implementation of the text of the CISG, as well as his authoritative insights into the underlying principles and purposes of the treaty. Taking into account the myriad variations among distinct legal systems, the commentary expertly treats all crucial aspects of sales contracts, including the following: delivery of the goods and handing over of documents; conformity of the goods and third-party claims; obligations of the parties; payment of the price; taking delivery; anticipatory breach; instalment contracts; remedies for breach of contract; damages; interest; exemptions; limits and effects of avoidance; preservation of the goods; and risk of loss. The CISG is widely regarded as the most significant body of international sales law and the most successful international commercial treaty in history. This new edition provides tribunals, practitioners, and scholars invaluable up-to-date insights into the meaning of each article of the Convention. The multitude of authorities consulted, many dating from the past few years, will continue to influence the promotion of international sales contract uniformity, encourage the settlement of disputes, and help to reinforce consensus in the application of the Convention.

Convention on Contracts for the International Sale of Goods (CISG)

Author : Joseph Lookofsky
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403540737
Total Pages : 267 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Convention on Contracts for the International Sale of Goods (CISG) by : Joseph Lookofsky

Download or read book Convention on Contracts for the International Sale of Goods (CISG) written by Joseph Lookofsky and published by Kluwer Law International B.V.. This book was released on 2022-01-21 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Convention on Contracts for the International Sales of Goods (CISG) and Wales covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Convention on Contracts for the International Sales of Goods (CISG and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law

(Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods

Author : Sonja Kruisinga
Publisher : Intersentia nv
ISBN 13 : 9050953638
Total Pages : 316 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis (Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods by : Sonja Kruisinga

Download or read book (Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods written by Sonja Kruisinga and published by Intersentia nv. This book was released on 2004 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Understanding the CISG

Author : Joseph Lookofsky
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142096
Total Pages : 212 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Understanding the CISG by : Joseph Lookofsky

Download or read book Understanding the CISG written by Joseph Lookofsky and published by Kluwer Law International B.V.. This book was released on 2017-05-15 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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 some 85 CISG ‘Contracting States’ already 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. The CISG has also impacted on sales legislation at national and regional (e.g., EU) levels. The CISG treaty demands an international interpretation, and this fully updated Fifth (Worldwide) Edition draws upon the full range of primary as well as secondary sources of CISG law, including worldwide case law and scholarly opinion. Concrete examples are provided throughout. With this book as their guide, lawyers and students who need to understand international sales contracts and sales contract disputes will confidently navigate topic areas such as the following: • determining when the CISG applies; • freedom of contract under Article 6; • interpretation of the Convention and of CISG contracts; • sales contract formation, validity, defenses to enforcement; • obligations of the parties, including conforming delivery and payment; • remedies for breach, including specific performance, damages and avoidance; • liability exemptions; and • key reservations under Articles 92–96

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

Author : Pace International Law Review
Publisher : sellier. european law publ.
ISBN 13 : 3866530161
Total Pages : 269 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Review of the Convention on Contracts for the International Sale of Goods (CISG) by : Pace International Law Review

Download or read book Review of the Convention on Contracts for the International Sale of Goods (CISG) written by Pace International Law Review and published by sellier. european law publ.. This book was released on 2007 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

UN Law on International Sales

Author : Peter Schlechtriem
Publisher : Springer Science & Business Media
ISBN 13 : 354049992X
Total Pages : 352 pages
Book Rating : 4.5/5 (44 download)

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Book Synopsis UN Law on International Sales by : Peter Schlechtriem

Download or read book UN Law on International Sales written by Peter Schlechtriem and published by Springer Science & Business Media. This book was released on 2008-10-17 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Uniform Law for International Sales Under the 1980 United Nations Convention

Author : John Honnold
Publisher : Springer
ISBN 13 :
Total Pages : 596 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis Uniform Law for International Sales Under the 1980 United Nations Convention by : John Honnold

Download or read book Uniform Law for International Sales Under the 1980 United Nations Convention written by John Honnold and published by Springer. This book was released on 1987-11-24 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Understanding the CISG

Author : Joseph Lookofsky
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403541938
Total Pages : 276 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Understanding the CISG by : Joseph Lookofsky

Download or read book Understanding the CISG written by Joseph Lookofsky and published by Kluwer Law International B.V.. This book was released on 2022-08-09 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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.

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

Author : John Honnold
Publisher : Springer
ISBN 13 : 9789041106483
Total Pages : 0 pages
Book Rating : 4.1/5 (64 download)

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Book Synopsis Uniform Law for International Sales under the Nineteen Eighty United Nations Convention by : John Honnold

Download or read book Uniform Law for International Sales under the Nineteen Eighty United Nations Convention written by John Honnold and published by Springer. This book was released on 1999-03-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. 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.

The UN Convention on Contracts for the International Sale of Goods

Author : Clayton P. Gillette
Publisher : Cambridge University Press
ISBN 13 : 1107149622
Total Pages : 465 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The UN Convention on Contracts for the International Sale of Goods by : Clayton P. Gillette

Download or read book The UN Convention on Contracts for the International Sale of Goods written by Clayton P. Gillette and published by Cambridge University Press. This book was released on 2016-05-10 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Serving the needs of both students and experts, this book evaluates the CISG through economic theory and legal doctrine.

English Sales Law Vs. Vienna Convention On CISG

Author : Dr. V.V.L.N. Sastry
Publisher : Idea Publishing
ISBN 13 :
Total Pages : 71 pages
Book Rating : 4./5 ( download)

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Book Synopsis English Sales Law Vs. Vienna Convention On CISG by : Dr. V.V.L.N. Sastry

Download or read book English Sales Law Vs. Vienna Convention On CISG written by Dr. V.V.L.N. Sastry and published by Idea Publishing. This book was released on 2020-05-04 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research provides an analysis of the comparison between the English sales law and the Vienna Convention on Contracts for the International Sale of Goods (CISG). The two laws have different features that explain the preference of commercial merchants towards the use of the English sales law. It is in this context, a secondary study subjected to narrative review into, how do the features of the English sales law compare with the features of the CISG Act, and what competitive advantages and disadvantages do the English sales law and the CISG Act present over each other; and what features distinguish English Sales Law from CISG to make international businesspersons prefer operating under the English sales law to operating under the CISG, will help understand the intricacies that make English sales law a preferred choice. The ambiguity of the CISG is one of the factors that reduces its attractiveness. Uncertainty in the interpretation of CISG is one of the main reasons as to why it is unattractive in facilitating international commercial transactions. In some instances, the courts may issue contradictory interpretations of the law. In addition, CISG is a fragmentary law as opposed to English sales law, which is a comprehensive body of law. The paper also provides a recommendation on how to tackle some of the limitations inherent in CISG. Lastly, the findings of the study aid in improving the understanding of how best businessmen can make use of and work within the boundaries of the legal English Sales Law as well as of the CISG with an aim to bring about growth in businesses.

CISG Methodology

Author : Andre Janssen
Publisher : sellier. european law publ.
ISBN 13 : 3866530706
Total Pages : 408 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis CISG Methodology by : Andre Janssen

Download or read book CISG Methodology written by Andre Janssen and published by sellier. european law publ.. This book was released on 2009 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention on Contracts for the International Sale of Goods (CISG) is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 Member States. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application," it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that while the number of Member States is constantly increasing, so too is the threat of variation in application. In this book, the most important issues of the CISG's methodology are analyzed by leading experts from five continents. Some contributors provide a thorough analysis of the central topics of interpretation while others enter almost uncharted territories.