Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Uniformity In The Application Of Cisg Provisions
Download Uniformity In The Application Of Cisg Provisions full books in PDF, epub, and Kindle. Read online Uniformity In The Application Of Cisg Provisions ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis Uniformity in the Application of CISG Provisions by : Daniel Fritz
Download or read book Uniformity in the Application of CISG Provisions written by Daniel Fritz and published by diplom.de. This book was released on 2009-07-15 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inhaltsangabe:Introduction: Problems facing cross-border transactions and possible solutions: The main prerogative for the international trader is to implement the business transaction as conveniently and quickly as possible. Besides choosing reliable business partners, a governing body of law that facilitates the transaction successfully is required. International business transactions are rarely conducted under a tailor-made law and are therefore dependent on the law that governs the transaction in terms of the rules of private international law. Determining the applicable law of the contract is one of the major problems facing a cross-border transaction. One way in which this question can be addressed is by means of the rules of private international law. Yet, these rules are rather complex and often subject to uncertainties. Even unification of the rules of private international law is unlikely to serve the needs of modern international business. If the proper law is determined, at least one of the parties to the transaction will be faced with an unknown body of rules. This party is forced to act in alien surroundings under a law with which it is unfamiliar. An alternative, is to unify law on the domestic level. This would avoid the difficulties in applying the rules of international private law. However, to harmonise domestic law on world wide basis is a matter of impossibility. Some divergences based on settled legal traditions are irreconcilable. Furthermore, there is the obstacle that a harmonised law may affect the concepts of another area of law. For example the issue of sales law affects the issue of transfer of property an area of law with fundamentally varying concepts. The adoption of uniform sales law at the international level represents a third approach. These rules only apply to a particular range of sales transactions and therefore do not compel a State to abandon all of its own legal traditions. The UN Convention on Contracts for the International Sale of Goods has established a uniform international law of this character. The overall goal of the CISG is to harmonise domestic laws for international sales transactions. A precondition for this goal is the achievement of uniformity. The achievement of uniformity comprises a two-fold process. The mere adoption of the Convention is the first step towards the ultimate aim of achieving the broadest degree of uniformity in the law of international sales. The second step is the [...]
Book Synopsis Uniformity in the Application of the CISG by : Boris Praštalo
Download or read book Uniformity in the Application of the CISG written by Boris Praštalo and published by Kluwer Law International B.V.. This book was released on 2020-04-06 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than ninety countries are now parties to the United Nations Convention on Contracts for the International Sale of Goods (CISG) recognised as the pre-eminent legislative achievement aimed at harmonising commercial law on a global scale but uniformity in the treaty’s application remains unsettled and controversial. This book, in addition to offering a detailed assessment of tools designed to promote such uniformity, draws on issues raised during over thirty years of case law from all over the world and from other CISG-related materials to clearly delineate a path to more uniform application. The practical implications to be found in this book emerge from deeply informed discussion of such issues and topics as the following: causes of non-uniformity, whether based on overall scope or on particular CISG provisions; detrimental effect of non-uniformity on both the legal and economic benefits provided by the CISG; effectiveness of implemented tools to combat non-uniform application; problems arising from trading imbalances between developed and developing countries; and proposed efforts to promote uniform application. Drawing on its many sources, the analysis concludes with recommendations and observations about how to improve the organisation and mode of operation of existing and proposed tools. Legal practitioners, judges and arbitrators called upon to argue under or apply the CISG, as well as all those with an interest in international commercial law, will greatly appreciate the book’s incisive guidance in navigating the issue of uniformity in the application of the treaty. By extension, as a comparative analysis, the book will be of informative value for jurists and policymakers interested in what can be done to heighten the level of uniformity in the application of any international convention.
Book Synopsis Uniform Application of the International Sales Law by : Camilla Baasch Andersen
Download or read book Uniform Application of the International Sales Law written by Camilla Baasch Andersen and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is perhaps the most widely-used standard in the area of international sales law. Yet commercial lawyers often struggle to understand its uniformity across different legal systems, and as a result often fail to apply the Convention to its full potential. Here at last is a clear, focused exposition of CISG cases and scholarship, highlighting what has been done and what can be done with this remarkable and versatile legal instrument. With in-depth analysis of CISG case law and scholarship reflecting a variety of legal systemsand—as well as detailed commentary on the text of the Convention itselfand—the author demonstrates the considerable value of the global use of CISG precedents. Among the many factors she analyses are the following: and• the idea of the and“jurisconsultoriumand” as the heart of a new discipline of uniform law; and• interpretational challenges; and• parallels of precedents between the UCC and the CISG; and• availability and weighting of precedent sources; and• congruency issues in the scholarly jurisconsultorium; and• multilingual issues; and• undue influence of domestic law; and and• legal classification of various types of and“goods.and” The book concludes with a careful study of CISG case law in the significant areas of examination and notification, provisions of crucial importance in disputes involving allegation of defective goods. All commercial lawyers, judges, and arbitrators, regardless of their legal training and the legal system of their origin, are bound to benefit from the wider base of judgements to which the idea of the jurisconsultorium leads. Judges and arbitrators in particular will find in this book greatly enhanced guidance enabling them to make and support difficult decisions.
Book Synopsis United Nations Convention on Contracts for the International Sale of Goods by :
Download or read book United Nations Convention on Contracts for the International Sale of Goods written by and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis The CISG’s attempt to unify international sales law. An assessment of its successfulness by : Fabian Junge
Download or read book The CISG’s attempt to unify international sales law. An assessment of its successfulness written by Fabian Junge and published by GRIN Verlag. This book was released on 2016-01-15 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2015 in the subject Law - European and International Law, Intellectual Properties, grade: 1,3, Maastricht University, course: International Commercial Law, language: English, abstract: One of the main constraints on cross-border commerce has always been diverging national legal regimes. With the emergence of globalization starting in the last century it became evident that there is a need to approximate the existing rules to foster international trade. In theory, this should allow all participating actors to benefit more than ever leading in the long run to greater wealth for everyone. In 1980, 42 countries agreed on the CISG to address hindrances to the growing international trade by adopting a default uniform international framework for the sales of goods. The preamble specifies that “the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade”. At the time of writing, the CISG has been in force for 27 years and it is time to evaluate whether the goals the drafters had in mind have been achieved. In order to assess the successfulness of the CISG to promote a unified international sales law a multitude of factors can be taken into account. To not unduly exceed the limits of this paper the author determined three key criteria on whose basis the successfulness will be evaluated. Firstly, the acceptance of the CISG in the international community will be evaluated. Secondly, the influence of the CISG on subsequent international, regional and domestic legislation and initiatives relating to sales and contract law will be addressed. Lastly, after determining the scope of application the paper focuses on the CISG’s capacity to safeguard and foster its uniform application.
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 . This book was released on 1989 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Practitioner's Guide to the CISG by : Camilla Baasch Andersen
Download or read book Practitioner's Guide to the CISG written by Camilla Baasch Andersen and published by Juris Publishing, Inc.. This book was released on 2010-11-01 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing complexity of international trade, practitioners in commercial law increasingly need access to scholarly sources and foreign case law. A goal of the United Nations Convention on the International Sale of Goods (CISG) has been the standard of a “global jurisconsultorium,” where judges and arbitrators would share resources and consult what has been done in foreign jurisdictions. However, without the prior work of material-collecting, proper translation into English, and organization of the resulting abundance of material, compliance with this goal would be impossible. The Practitioner’s Guide to the CISG is a direct answer to that need and a decisive step toward fulfilling that goal. Written by three scholars from six different countries, the book represents the best analyses of CISG cases available anywhere. The chapters that follow provide legal counsel with easy, organized access to key, legal case abstracts drawn from multiple jurisdictions and valuable, summary comments on each article of the CISG.
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 The Draft UNCITRAL Digest and Beyond by : Franco Ferrari
Download or read book The Draft UNCITRAL Digest and Beyond written by Franco Ferrari and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 891 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The Draft UNCITRAL Digest and Beyond” is one of the most useful single volumes available on the CISG. It includes the full text of the draft “UNCITRAL Digest” which catalogues the cases and arbitral awards to date that have interpreted and applied the CISG on an article by article basis. “The Digest and Beyond” includes also commentary by eminent CISG scholars that addresses issues not yet considered in the cases. With more than 1000 decisions applying the CISG in courts and arbitral tribunals around the world, the UNCITRAL Secretariat charged five CISG experts from a variety of regions with the task of creating a digest of CISG case law. “The Digest and Beyond” includes the draft “UNCITRAL Digest”, even before it is released officially by UNCITRAL. It also goes where the authors of the Digest were not allowed to go, given the narrow mandate within which the drafters were asked to work. Its chapters build upon the work of the “UNCITRAL Digest”. The Digest describes the reasoning and results of existing CISG cases; in “The Digest and Beyond”, the Digest authors analyze those cases, and discuss issues that have not yet arisen in the case law. Thus, in many ways, “The Digest and Beyond” provides scholarship that can direct future cases in areas that have not yet been considered by courts and arbitrators as well as in areas in which contradictory court decisions exist.
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 The Convention for the International Sale of Goods by : Daniel Barstow Magraw
Download or read book The Convention for the International Sale of Goods written by Daniel Barstow Magraw and published by American Bar Association. This book was released on 1990 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis CISG and the Unification of International Trade Law by : Bruno Zeller
Download or read book CISG and the Unification of International Trade Law written by Bruno Zeller and published by Routledge. This book was released on 2008-03-25 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pushing the boundaries of domestic and unified laws, this book re-defines unification and harmonization. Critically examining the CISG, Zeller explores where its influence can be extended and considers whether unification is a myth or a reality.
Book Synopsis Commentary on the UN Convention on the International Sale of Goods (CISG) by : Peter Schlechtriem
Download or read book Commentary on the UN Convention on the International Sale of Goods (CISG) written by Peter Schlechtriem and published by . This book was released on 2010 with total page 1480 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 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.
Book Synopsis The Duty to Cooperate in International Sales by : Thomas Neumann
Download or read book The Duty to Cooperate in International Sales written by Thomas Neumann and published by Walter de Gruyter. This book was released on 2012-04-02 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
