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Uniform Application of the International Sales Law

2007 Export sales contracts
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Release : 2007
Genre : Export sales contracts
Kind : eBook
Book Rating : 160/5 ( reviews)

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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. This book was released on 2007. 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.

Uniform Law for International Sales Under the 1980 United Nations Convention

1989 Export sales contracts
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Release : 1989
Genre : Export sales contracts
Kind : eBook
Book Rating : /5 ( reviews)

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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. This book was released on 1989. Available in PDF, EPUB and Kindle. Book excerpt:

The CISG’s attempt to unify international sales law. An assessment of its successfulness

2016-01-15 Law
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Release : 2016-01-15
Genre : Law
Kind : eBook
Book Rating : 275/5 ( reviews)

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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. This book was released on 2016-01-15. 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.

Advanced Introduction to International Sales Law

2016-03-25 Business & Economics
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Release : 2016-03-25
Genre : Business & Economics
Kind : eBook
Book Rating : 888/5 ( reviews)

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Book Synopsis Advanced Introduction to International Sales Law by : Clayton P. Gillette

Download or read book Advanced Introduction to International Sales Law written by Clayton P. Gillette. This book was released on 2016-03-25. Available in PDF, EPUB and Kindle. Book excerpt: Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Providing a concise overview of the basic doctrines underlying the UN Convention on Contracts for the International Sale of Goods (CISG), Clayton Gillette explores their ambiguities and thus considers the extent to which uniform international commercial law is possible, as well as appraising the extent to which the doctrines in the UN Convention reflect those that commercial parties would prefer. With its compelling combination of doctrine and theory, this book makes an ideal companion for students and legal scholars alike. Key features include: • Concise and compact overview of the CISG • Includes contemporary developments • Provides a theoretical basis for evaluating international sales law • Considers perspectives of economic analysis of law.

Honnold’s Uniform Law for International Sales under the 1980 United Nations Convention

2021-08-09 Law
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Release : 2021-08-09
Genre : Law
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Book Rating : 498/5 ( reviews)

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Book Synopsis Honnold’s Uniform Law for International Sales under the 1980 United Nations Convention by : John Honnold

Download or read book Honnold’s Uniform Law for International Sales under the 1980 United Nations Convention written by John Honnold. This book was released on 2021-08-09. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on Contracts for the International Sale of Goods (CISG) has become the key framework for drafting international sales contracts and resolving resulting disputes. The remarkable progress of this epoch-making uniform international law calls for a new edition (the fifth) of the late Professor Honnold’s preeminent commentary, now issued under the authoritative hand of Harry M. Flechtner, editor of the fourth edition and a National Correspondent for the United States at UNCITRAL. Professor Flechtner updates Professor Honnold’s in-depth article-by-article exposition, addressing newly arising issues and taking into account the numerous decisions and scholarly analyses that have focused on the CISG in the twelve years since the last edition in 2009. Also expertly updated is Professor Honnold’s masterly overview of the development and implementation of the text of the CISG, as well as his authoritative insights into the underlying principles and purposes of the treaty. Taking into account the myriad variations among distinct legal systems, the commentary expertly treats all crucial aspects of sales contracts, including the following: delivery of the goods and handing over of documents; conformity of the goods and third-party claims; obligations of the parties; payment of the price; taking delivery; anticipatory breach; instalment contracts; remedies for breach of contract; damages; interest; exemptions; limits and effects of avoidance; preservation of the goods; and risk of loss. The CISG is widely regarded as the most significant body of international sales law and the most successful international commercial treaty in history. This new edition provides tribunals, practitioners, and scholars invaluable up-to-date insights into the meaning of each article of the Convention. The multitude of authorities consulted, many dating from the past few years, will continue to influence the promotion of international sales contract uniformity, encourage the settlement of disputes, and help to reinforce consensus in the application of the Convention.

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