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Towards A New Cisg
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Book Synopsis Towards a New CISG by : Leandro Tripodi
Download or read book Towards a New CISG written by Leandro Tripodi and published by BRILL. This book was released on 2015-11-24 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Towards a New CISG, Leandro Tripodi discusses the aging and need for renovation of the 1980 Vienna Sales Convention. Changes in global political circumstances and to the economy of international sales of goods have rendered the 1980 CISG a dated legal instrument. Its recognized flexibility is not sufficient to cope with past and, especially, with future changes brought about by the introduction of new technologies affecting all kinds of goods subject to trade. In light of the challenges posed by 21st-century commerce, Dr. Tripodi proposes the adoption of a Convention on the International Sale of Goods and Services (CISGS). The idea of a new convention is based on the following facts: 1) goods and services are no longer as distinguishable as they were in 1980; 2) sales of goods and sales (i.e., the provision) of services are not as easy to apportion as the CISG supposes and can hardly continue to be treated separately by the legal sources of international trade.
Download or read book The CISG written by Peter Huber and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: "... 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
Book Synopsis Towards Uniformity by : Ingeborg H. Schwenzer
Download or read book Towards Uniformity written by Ingeborg H. Schwenzer and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents the papers from the 2nd Annual MAA Schlechtriem CISG Conference, held in Hong Kong in 2010. It contains contributions on emerging topics including the CISG's compatibility with Islamic law, tacit exclusion of the CISG by waiver during litigation, incorporation of standard terms through websites, the principle of favor contractus, the Limitation Convention, and the CISG's influence in South Korea, Japan and the Chinese SARs of Hong Kong and Macao. It also presents important new empirical studies relating to the CISG: the Global Sales Law Project study on choice of law; a UK legal education survey; and a revealing study comparing international investment arbitration outcomes to those from international commercial arbitration pursuant to the CISG. The book is a valuable resource for both academics and practitioners dealing with international sales transactions. Book jacket.
Book Synopsis Exemptions for the Non-performance of Contractual Obligations in CISG Article 79 by : Peter J. Mazzacano
Download or read book Exemptions for the Non-performance of Contractual Obligations in CISG Article 79 written by Peter J. Mazzacano and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The premise of this dissertation is that Article 79 of the UN Convention on Contracts for the International Sale of Goods-which concerns exemptions for contractual non-performance due to an ""impediment"" beyond a party's control-should be interpreted autonomously, that is, as an international norm, without reference to domestic legal concepts and principles. To this end, this dissertation considers the application of Article 79 by courts and arbitral tribunals across a number of signatory states. By studying the treatment of Article 79 by the courts and arbitral tribunals of various states, differences in doctrine and case law have been discerned. The extent of conceptual differences towards the doctrine of excuses for nonperformance also helps to determine whether the CISG's goal of uniformity is achievable. This research concludes that there has been a convergence in the treatment of Article 79, and this supports the premise that a legal doctrine-in this case, the excuse for non- performance-germinating in various legal systems, ultimately evolved into an autonomous principle, towards a conceptual goal of uniformity in a body of international commercial law, regardless of its unique development in separate and distinct legal jurisdictions. "
Book Synopsis The English Reluctance Towards the CISG by : Oliver Delvos
Download or read book The English Reluctance Towards the CISG written by Oliver Delvos and published by . This book was released on 2005 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :CISG Advisory Council Publisher :International Commerce and Arbitration ISBN 13 :9789462367197 Total Pages :0 pages Book Rating :4.3/5 (671 download)
Book Synopsis The CISG Advisory Council Opinions by : CISG Advisory Council
Download or read book The CISG Advisory Council Opinions written by CISG Advisory Council and published by International Commerce and Arbitration. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2016, the CISG Advisory Council celebrated its fifteenth anniversary. On this occasion, the current members of the CISG Advisory Council decided to publish a book containing all CISG Advisory Council related documents. For the first time, the original versions of all Opinions and Declarations, their annexes, and the text of the CISG are published in one book. This book is designed to facilitate the work on and with the CISG. It enables the reader in gaining an overview of the CISG Advisory Council's work of the last fifteen years. Furthermore, it contains an introductory paper on the Advisory Council itself, its unique approach and some historical background of the Opinions. (Series: ?International Commerce and Arbitration (ICA), Vol. 23) [Subject: Commercial Law
Book Synopsis The CISG Advisory Council Opinions by : Michael Bridge
Download or read book The CISG Advisory Council Opinions written by Michael Bridge and published by . This book was released on 2021-06-08 with total page 906 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2016, the CISG Advisory Council celebrated its fifteenth anniversary. On this occasion, the current members of the CISG Advisory Council decided to publish a book containing all CISG Advisory Council related documents. For the first time, the original versions of all Opinions and Declarations, their annexes, and the text of the CISG are published in one book. This book is designed to facilitate the work on and with the CISG. It enables the reader in gaining an overview of the CISG Advisory Council's work of the last fifteen years. Furthermore, it contains an introductory paper on the Advisory Council itself, its unique approach and some historical background of the Opinions. Bron: Flaptekst, uitgeversinformatie.
Book Synopsis An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts by : Michael Joachim Bonell
Download or read book An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts written by Michael Joachim Bonell and published by Martinus Nijhoff Publishers. This book was released on 2009-03-27 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish.
Book Synopsis EU Private Law and the CISG by : Zvonimir Slakoper
Download or read book EU Private Law and the CISG written by Zvonimir Slakoper and published by Routledge. This book was released on 2021-09-30 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.
Book Synopsis The United Nations Convention on Contracts for the International Sale of Goods by : John Felemegas
Download or read book The United Nations Convention on Contracts for the International Sale of Goods written by John Felemegas and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Sales Law by : Larry A. DiMatteo
Download or read book International Sales Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2014-02-17 with total page 805 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis The Elgar Companion to UNIDROIT by : Thomas John
Download or read book The Elgar Companion to UNIDROIT written by Thomas John and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Companion provides a unique overview of UNIDROIT, the primary independent organisation coordinating the practice of international private law across its 65 member states. As the third in the suite of titles covering the ‘three sisters’ of uniform private law and private international law, it considers UNIDROIT’s role in the creation of existing uniform law, as well as posing questions about its future in the sector.
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 Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: În explicit recognition of Professor Honnold's unique understanding of the Convention's development and the issues that occupied those who drafted and finalized the text, the substantial new textual material incorporated into this new edition is set in bold italics, allowing the reader to distinguish the work of the editor from text preserved from earlier editions, and thus identifying the material that carries Professor Honnold's special authority. Over three decades Professor Honnold's almost intuitive grasp of the instrument has guided governments, tribunals, scholars and practitioners towards an enlightened international understanding of the treaty. This new edition provides tribunals, practitioners, and scholars with even more invaluable insights into the meaning of each article of the Convention.
Book Synopsis International Law of the Sale of Goods by : Dr. V.V.L.N. Sastry
Download or read book International Law of the Sale of Goods written by Dr. V.V.L.N. Sastry and published by Dr. V.V.L.N. Sastry. This book was released on 2020-05-22 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process that led to the creation of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the convention itself have set a solid benchmark for commercial law unification since the 1980s. The United Nations Commission on International Trade Law (UNCITRAL) formulated the CISG in an environment bedevilled by political, as well as regional, divisions, which are typical of many of the United Nations (UN) bodies. By and large, the CISG sets down a uniform, or standardised, global goods sale law. As at present, 88 nation-states have since ratified the CISG, joining its global regime. Arguably, the CISG has succeeded markedly in moving the world towards the realisation of the largely elusive objective of standardised legal outcomes on a strictly international scale. Owing to the existence of the CISG, exporters are capable of steering clear of choice of law worries. That is because the CISG presents conventional substantive rules that can be dependent upon by not only arbitrators but also the courts and contracting parties. Clearly, the CISG, is a striking success.
Book Synopsis Towards a Model Sales Law in the Greater Bay Area by : Hao Jiang
Download or read book Towards a Model Sales Law in the Greater Bay Area written by Hao Jiang and published by Edward Elgar Publishing. This book was released on 2024-09-06 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the complex system of contract law operating in the Greater Bay Area and examines the independent legal systems of Hong Kong, Macau and China in light of the region’s rapid economic integration. The book explores the differences between these systems in theory and in practice, and identifies the challenges and pathways to legal harmonisation in the region.
Book Synopsis The Future of Commercial Law by : Orkun Akseli
Download or read book The Future of Commercial Law written by Orkun Akseli and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reform of commercial law through harmonisation, unification, codification and other means remains one of the most important projects in developing the institutional architecture for the global economy. This edited collection engages with the challenges and contributes to a greater understanding of the problems faced by states, international organisations, and private sector actors in this ongoing reform project for commercial law. The volume takes stock of the project to date and looks towards a restructuring of the agenda to deal with new challenges. The primary aim of the collection is to understand the future of commercial law reform in a way that offers ideas and strategies for innovation as well as in methodologies for project selection and evaluation. In so doing, the collection informs the debate on the global reform of commercial law and will be of interest not only to academics, but also to those involved in the reform of commercial law around the world. The volume collects papers presented at the UK Society of Legal Scholars Annual Seminar 2017.
