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Non Conformity In The 1980 Un Convention On Contracts For The International Sale Of Goods
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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.
Book Synopsis The Buyer's Remedies for Non-conforming Goods by : Hanna Sivesand
Download or read book The Buyer's Remedies for Non-conforming Goods written by Hanna Sivesand and published by sellier. european law publ.. This book was released on 2005 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyses the buyer's remedies for non-conforming goods under a sales contract under English, German, French and Scandinavian law. Moreover, the EC Consumer Sales Directive, the 1980 UN Convention on Contracts for the International Sale of Goods (CISG) and the Principles of European Contract Law (PECL) are included. The study examines the most controversial issues and problems involved in the establishment of an effective and fair remedial regime for non-conforming goods. Should there be a certain hierarchy of remedies, where some prevail over others? Who should be able to choose between the remedies, the buyer or the seller, and should there be a right for the seller to impose cure upon the buyer? Should certain remedies be restricted where the lack of conformity is not sufficiently serious? Another controversial issue is the question of whether, and if so, how the buyer should be obliged to notify the seller, and within which time limits he should be obliged to bring forward his claim.
Book Synopsis Contracts for the International Sale of Goods by : Franco Ferrari
Download or read book Contracts for the International Sale of Goods written by Franco Ferrari and published by Martinus Nijhoff Publishers. This book was released on 2011-12-23 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts for the International Sale of Goods provides an examination of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Extensively referenced, this volume focuses on three fundamental issues, which, due to added attention from courts and arbitral tribunals, are considered “typical” of CISG related disputes. These include the exact determination of the CISG’s sphere of application; issues relating to the non-conformity of delivered goods; and the determination of the rate of interest on sums in arrears. This analysis will also help readers understand the broader context in which these issues are embedded, and ultimately illustrates how the CISG is interpreted and applied in different jurisdictions. A special course adoption price is available for an order of six or more copies from a university bookstore. Contact [email protected] or [email protected].
Book Synopsis Review of the Convention on Contracts for the International Sale of Goods (CISG) 2002-2003 by : Michael Maggi
Download or read book Review of the Convention on Contracts for the International Sale of Goods (CISG) 2002-2003 written by Michael Maggi and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations in all regions of the world today share a common international sales law, The United Nations Convention on Contracts for the International Sale of Goods (CISG). The Convention was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by a diplomatic conference on 11 April 1980. Since then, the number of countries that have adopted the CISG account for over two-thirds of all world trade. The area of international sales law continues to grow as technology and development take us to a global economy. As such, the study of the CISG has become an integral component of this ever-growing area of international commercial law. The Review of the CISG is published once yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book seeks to compile translations of recent decisions as well as commentaries of notable cases relating to the CISG. The Review of the CISG provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars.
Book Synopsis Conformity of Goods and Documents by : Djakhongir Saidov
Download or read book Conformity of Goods and Documents written by Djakhongir Saidov and published by . This book was released on 2015 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."--Bloomsbury Publishing.
Author :Pace International Law Review Publisher :sellier. european law publ. ISBN 13 :3866530161 Total Pages :269 pages Book Rating :4.8/5 (665 download)
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
Book Synopsis The Convention for the International Sale of Goods by : Reed R. Kathrein
Download or read book The Convention for the International Sale of Goods written by Reed R. Kathrein and published by American Bar Association. This book was released on 1987 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work represents an examination of the history of the Convention, both in the United Nations and the U.S. Congress. It discusses details about the parties, signatories, and accompanying reservations, and summarizes the principal provisions of the treaty.
Book Synopsis Fundamental Breach Considering Non-conformity of the Goods by : Benjamin K. Leisinger
Download or read book Fundamental Breach Considering Non-conformity of the Goods written by Benjamin K. Leisinger and published by sellier. european law publ.. This book was released on 2007 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the important field of international commodity trade, it is inevitable that some of the sales contracts and deliveries of goods lead to disputes over non-conformity of the goods. Fundamental Breach Considering Non-Conformity of the Goods analyzes existing case law and legal doctrine, as well as the legal and economic principles underlying these articles. In doing this, the author establishes tools which help classify the fundamentality of the seller's breach. This book will be indispensable for all those who have any dealings in the vital field of international purchase and distribution law.
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 399 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.
Book Synopsis Conformity of Goods in International Sales by : René Franz Henschel
Download or read book Conformity of Goods in International Sales written by René Franz Henschel and published by Gadjura. This book was released on 2005 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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)
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:
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 1982-06 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monograph comprising a commentary of a 1980 UN Convention (international agreement) on international law pertaining to trade contracts (international sales) - discusses the negotiation background and the role of UN (UNCITRAL), analyses the application of provisions relating to contract formation, goods sale, seller's and buyer's obligations, breach of contract, payment, passing of risk, damages, etc., to modern commercial transactions, and includes the texts of 1980, 1978 and 1964 Conventions. Bibliography pp. 29 to 36 and references.
Book Synopsis Non-conforming Tender and Attempt at Cure by : Wei Mou
Download or read book Non-conforming Tender and Attempt at Cure written by Wei Mou and published by . This book was released on 1993 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Review of the Convention on Contracts for the International Sale of Goods (CISG). by :
Download or read book Review of the Convention on Contracts for the International Sale of Goods (CISG). written by and published by . This book was released on 1999 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Commentary on the UN Sales Law (CISG) by : Christoph Brunner
Download or read book Commentary on the UN Sales Law (CISG) written by Christoph Brunner and published by Kluwer Law International B.V.. This book was released on 2019-03-18 with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buyers and sellers engaging in the cross-border sale of goods are well-advised to be conversant with the United Nations Convention on Contracts for the International Sale of Goods (CISG), which governs international sales contracts. The CISG has been ratified by 89 states, which together account for over three-quarters of all world trade. This practically-oriented, article-by-article commentary on the CISG will be useful to legal practitioners, counsel and arbitrators dealing with international sales contracts. The in-depth annotations deal extensively with the legal issues likely to arise under each CISG article. The annotations include up-to-date analyses of state court and arbitral decisions, the legal doctrines derived from these decisions, and relevant scholarship to date. Among the issues and topics discussed are the following: interface with national laws; scope of application; obligations of seller and buyer; non-conforming goods and duty to notify; breach of contract and remedies; damages; force majeure exemption; and termination of contract and its consequences. This book is an updated translation of the second German edition of a valued resource in Germany, Switzerland, and Austria, and an authority regularly cited by the Swiss Supreme Court. The commentary is influenced by legal authorities from both civil law and common law backgrounds. Throughout, the contributors refer to the cisg-online.ch database, enabling users to locate decisions easily. User-friendly, focused on practical questions, concise but comprehensive, this article-by-article commentary provides a quick and trenchant overview of existing legal opinions and court/arbitral decisions. It will prove immensely valuable to legal practitioners, facilitating their formulation of reliable solutions to legal problems involving the CISG.
