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Author: Leandro Tripodi Publisher: BRILL ISBN: 9004305319 Category : Law Languages : en Pages : 204
Book Description
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.
Author: Leandro Tripodi Publisher: BRILL ISBN: 9004305319 Category : Law Languages : en Pages : 204
Book Description
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.
Author: Peter Huber Publisher: Walter de Gruyter ISBN: 386653728X Category : Law Languages : en Pages : 433
Book Description
"... 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
Author: Peter J. Mazzacano Publisher: ISBN: 9781780682204 Category : Breach of contract Languages : en Pages : 0
Book Description
"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. "
Author: Ingeborg H. Schwenzer Publisher: ISBN: 9789490947101 Category : Conflict of laws Languages : en Pages : 0
Book Description
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.
Author: CISG Advisory Council Publisher: International Commerce and Arbitration ISBN: 9789462367197 Category : Export sales contracts Languages : en Pages : 0
Book Description
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
Author: Zvonimir Slakoper Publisher: Routledge ISBN: 1000431401 Category : Law Languages : en Pages : 266
Book Description
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.
Author: Michael Bridge Publisher: ISBN: 9789462362000 Category : Languages : en Pages : 906
Book Description
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.
Author: Michael Joachim Bonell Publisher: Martinus Nijhoff Publishers ISBN: 900419469X Category : Law Languages : en Pages : 706
Book Description
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.
Author: Leandro Tripodi
Author: Leandro Tripodi
Author: Peter Huber
Author: Peter J. Mazzacano
Author: Ingeborg H. Schwenzer
Author: Oliver Delvos
Author: CISG Advisory Council
Author: Zvonimir Slakoper
Author: Michael Bridge
Author: John Felemegas
Author: Michael Joachim Bonell