The CISG and its Impact on National Legal Systems PDF Download

Author: Franco Ferrari
Publisher: Walter de Gruyter
ISBN: 3866537298
Category : Law
Languages : en
Pages : 500

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Book Description
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.

Author: Dr. V.V.L.N. Sastry
Publisher: Idea Publishing
ISBN:
Category : Law
Languages : en
Pages : 71

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Book Description
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.

Author: Ulrich Magnus
Publisher: Walter de Gruyter
ISBN: 3866539665
Category : Law
Languages : en
Pages : 248

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Book Description
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.

Author: Christian Twigg-Flesner
Publisher: Pearson UK
ISBN: 1292251034
Category : Electronic books
Languages : en
Pages : 888

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Book Description
"Once more, we were delighted to take on the task of updating this text for its 14th edition, having taken over editorial responsibilities from the late John Adams from the 13th edition. In our preface to the previous edition, we recorded the sudden passing of Professor Adams. Sadly, in this preface, we must note another passing: on 30 March 2018, Patrick Atiyah, who wrote the 1st-8th editions of this book and continues to give the book its name, passed away at the age of 87. Patrick was one of those giants of academic contract law whose contributions continue to be read and to inspire scholars everywhere. We are both mindful of our task to maintain the scholarly rigour which he gave to this book as we take it into the future. This edition is also the first time since the 9th edition without a Scottish editor. Professor Hector MacQueen had been responsible for adding Scottish content since the 10th edition (2001), but decided that he would discontinue this role after the 13th editio n was published in 2016. We are very grateful for Hector's contributions to the work. On the advice of the book's publishers, this edition has been put together without the benefit of a Scottish editor, although we have, of course, continued to take decisions from the Scottish courts into account in updating the various chapters. Since the last edition was published, there have been few major developments in the law on the sale of goods, aside from the difficult ruling by the Supreme Court in PST Energy 7 Shipping LLC v OW Bunker Malta Ltd [2016] UKSC 23 (which arrived too late for proper consideration in the previous edition). We have updated the text in light of recent cases and academic writings where appropriate. Furthermore, we have continued our task of streamlining the running order of the chapters, and we have sought to make gentle updates to the language of the book, preserving its rigour but ensuring it remains accessible to a contemporary audience. In some instances, we have ^curtailed or removed altogether the detailed discussion of the pre-1994 case-law which had become redundant as a result of the changes made to the Sale of Goods Act at that time. The rise of digital technology and new business models in the digital economy will invariably have an impact on the law concerning the sale of goods, but at this point, the real impact is not yet known. In some places, we have alluded to the possible significance of digital technology, and this could well become a more significant theme in future editions"--

Author: Jorge Balmaceda
Publisher: Cambridge Scholars Publishing
ISBN: 1527549127
Category : Law
Languages : en
Pages : 456

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Book Description
This book describes how the international sales of goods have generally been ruled by either English Law or Civil Law, which has often posed problems due to different approaches regarding certain principles and institutions. It clarifies how the Vienna Convention on Contracts for the International Sale of Goods of 11th April, 1980, tried to harmonise these differences with a codification technique, typical of civil law, giving privilege to rules of civil law most of the time, but also introducing institutions from common law, that are not incompatible with civil law. It explains why the general principles of civil law and of UNIDROIT help with this goal of harmonisation, integrating the loopholes of the UN Convention on Contracts for the International Sale of Goods (CISG) during its interpretation. The work demonstrates why codification prevails over common law in the CISG most of the time, giving certitude and sophistication to this matter, which is vital for global commerce.

Author: Jo Reddy
Publisher: Routledge
ISBN: 1136188541
Category : Law
Languages : en
Pages : 313

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Book Description
This book is intended to be of help to students studying commercial law who feel that they have acquired a body of knowledge, but do not feel confident about using it effectively in exams. This book sets out to demonstrate how to apply the knowledge to the question and how to structure the answer.

Author: Andre Janssen
Publisher: sellier. european law publ.
ISBN: 3866530706
Category : Business & Economics
Languages : en
Pages : 408

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Book Description
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.

Author: Michael Bridge
Publisher: Oxford University Press
ISBN: 0192882422
Category : Law
Languages : en
Pages : 1009

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Book Description
The fifth edition of this leading authority continues to provide comprehensive analysis of the law and practice of sale of goods under English and international law. It is an indispensable resource for practitioners, scholars, and postgraduate students.

Author: Michael Maggi
Publisher: Kluwer Law International B.V.
ISBN: 9041122761
Category : Law
Languages : en
Pages : 347

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Book Description
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.

Author: Djakhongir Saidov
Publisher: Edward Elgar Publishing
ISBN: 1786436159
Category : Commercial law
Languages : en
Pages : 467

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Book Description
This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.