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The Cisg

Author : Peter Huber
ISBN : 9783866530201
Genre : Law
File Size : 43. 78 MB
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Today, international sales contracts are frequently governed by the 1980 UN Convention on the International Sale of Goods (CISG). The CISG is in force in more than 60 states all over world â?? both industrial nations and developing countries. It has been widely applied in international commercial transactions in the past twenty years. More than 1,700 decisions by state courts and arbitral tribunals have been reported so far. In short, the CISG has been one of the success stories in the field of the international unification of private law. The authors introduce the reader to the mechanics of that highly successful Convention by describing and analyzing the areas that the Convention covers, in particular its scope of application, the rules on the formation of contract, and the actual sales provisions. The book is primarily aimed at students, academics, and practitioners who have not yet studied the Convention in detail. From a comparative perspective, the book will be of particular interest as it combines a civil law view and a common law view on the CISG.

Cisg Methodology

Author : Andre Janssen
ISBN : 9783866530706
Genre : Law
File Size : 78. 33 MB
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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.

Practitioner S Guide To The Cisg

Author : Camilla Baasch Andersen
ISBN : 9781933833378
Genre : Reference
File Size : 52. 5 MB
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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.

Review Of The Convention On Contracts For The International Sale Of Goods Cisg 2002 2003

Author : Michael Maggi
ISBN : 9789041122766
Genre : Law
File Size : 34. 55 MB
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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.

Understanding The Cisg

Author : Joseph M. Lookofsky
ISBN : 9789041125897
Genre : Business & Economics
File Size : 50. 20 MB
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Also sometimes referred to as the Vienna Sales Convention, the Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The Convention, which first entered into effect in 1988, is the first sales law treaty to win acceptance on a worldwide scale. The current list of Contracting States includes 11 of the G-12 Group, as well as China and Russia. CISG Contracting States account for more than two-thirds 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 Fourth (Worldwide) Edition draws upon the full range of secondary Convention sources, 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: Freedom of contract under Article 6; Interpretation of the Convention and of CISG contracts; Sales contract formation, validity, defenses to enforcement; Liability exemptions; Obligations of the parties, including conforming delivery & notice of non-conformity; Liability and remedies for breach, including specific performance, damages, avoidance; Key reservations under Articles 92-96. Joseph Lookofsky is Professor of Law at the University of Copenhagen. In addition to his Danish law degrees, he holds a J.D. degree from the New York University School of Law. He is a Member of the New York State Bar and former in-house counsel for United Artists Corporation.

The International Sale Of Goods Revisited

Author : Petar Sarcevic
ISBN : 9789041116154
Genre : Law
File Size : 52. 98 MB
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The contributors to this volume, well-known experts from Europe and the US, analyze various issues relating to the United Nations Convention on Contracts for the International Sale of Goods (CISG). With its current global network of 58 Contracting States, the CISG is widely applied in practice today. To make the growing case law on this subject matter readily accessible, the UNCITRAL Secretariat in Vienna has set up a reporting system for national court decisions relating to the CISG. The extensive documentation already collected there and elsewhere will surely have a lasting impact on the ongoing scholarly debate on this topic. The present book is intended to contribute to this debate by addressing controversial issues relating to the interpretation and application of some important provisions of the new sales law. In addition, several authors also deal with the development of international principles of contract law, such as the Principles of European Contract Law, the UNIDROIT Principles and the lex mercatoria . In view of the increasing number of such rules, a discussion of the CISG would be incomplete without taking account of the relationship of the Convention to these principles as well.

Understanding The Cisg In The Usa

Author : Joseph M. Lookofsky
ISBN : 9789041122773
Genre : Law
File Size : 37. 57 MB
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More than 60 countries, including the United States of America, have ratified the Convention on Contracts for the international Sale of Goods (CISG). Since CISG Contracting Sales account for more than two-thirds of all world trade, the Convention clearly represents a key aspect of American Commercial law. By drawing comparisons with domestic (UCC) sales law, the author explains the CISG in terms familiar to American Jurists, just as special emphasis is placed on CISG decisions rendered by U.S. courts ad the Article 95 reservation made by the United States. But since the CISG treaty demands an international interpretation, this expanded and fully updated Second Edition continues to draw upon the full range of CISG sources, including the increasingly numerous decisions and awards rendered by courts and arbitrators worldwide. Concrete examples and illustration are provided throughout. Five appendices offer a wealth of reference material, including the complete text of the Convention and an extensive table of cases and arbitral awards.

Review Of The Convention On Contracts For The International Sale Of Goods Cisg

Author : Pace International Law Review
ISBN : 9783866530164
Genre : Law
File Size : 26. 76 MB
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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

Cisg Vs Regional Sales Law Unification

Author : Ulrich Magnus
ISBN : 9783866539662
Genre : Law
File Size : 39. 13 MB
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In October 2011, the European Commission introduced its Proposal for a Regulation on a Common European Sales Law (CESL) which covers inter alia international business sales – a subject already regulated by the Convention of International Sale of Goods (CISG) which was ratified by 78 member states. How does this new Proposal fit the existing uniform sales law? How have other regions of the world managed the coexistence of global and regional sales law unification? What can Europe learn from the U.S. experience concerning the CISG and the Uniform Commercial Code? What can we learn from the African OHADA which made CISG more or less the internal law of 17 African states, what from Australia where CISG and common law exist alongside? All these questions are intensely discussed in this highly recommendable book written by renowned authors like Larry DiMatteo, Harry Flechtner, Franco Ferrari, Robert Koch, Ulrich Magnus and Bruno Zeller.

The Cisg And Its Impact On National Legal Systems

Author : Franco Ferrari
ISBN : 9783866537293
Genre : Law
File Size : 69. 39 MB
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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.

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