Non Conformity In The 1980 Un Convention On Contracts For The International Sale Of Goods

Author : Sonja Kruisinga
Publisher : Intersentia nv
Page : 316 pages
File Size : 42,6 Mb
Release : 2004
Category : Contracts (International law)
ISBN : 9789050953634

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(Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods by Sonja Kruisinga Pdf

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.

Author : Hanna Sivesand
Publisher : sellier. european law publ.
Page : 285 pages
File Size : 49,8 Mb
Release : 2005
Category : Consumer protection
ISBN : 9783935808750

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The Buyer's Remedies for Non-conforming Goods by Hanna Sivesand Pdf

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.

Author : Djakhongir Saidov
Publisher : Unknown
Page : 285 pages
File Size : 50,6 Mb
Release : 2015
Category : Electronic books
ISBN : 1782258841

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Conformity of Goods and Documents by Djakhongir Saidov Pdf

"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 : Daniel Barstow Magraw,Reed R. Kathrein
Publisher : American Bar Association
Page : 266 pages
File Size : 53,6 Mb
Release : 1990
Category : Law
ISBN : STANFORD:36105043514418

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The Convention for the International Sale of Goods by Daniel Barstow Magraw,Reed R. Kathrein Pdf

Author : Benjamin K. Leisinger
Publisher : sellier. european law publ.
Page : 219 pages
File Size : 49,9 Mb
Release : 2007
Category : Business & Economics
ISBN : 9783866530461

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Fundamental Breach Considering Non-conformity of the Goods by Benjamin K. Leisinger Pdf

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.

Author : John Felemegas
Publisher : Cambridge University Press
Page : 223 pages
File Size : 53,7 Mb
Release : 2007-01-08
Category : Law
ISBN : 9781139462952

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An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law by John Felemegas Pdf

In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.

Author : Franco Ferrari
Publisher : Martinus Nijhoff Publishers
Page : 291 pages
File Size : 49,9 Mb
Release : 2011-12-23
Category : Law
ISBN : 9789004201705

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Contracts for the International Sale of Goods by Franco Ferrari Pdf

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].

Author : Pace International Law Review
Publisher : sellier. european law publ.
Page : 269 pages
File Size : 47,8 Mb
Release : 2007
Category : Business & Economics
ISBN : 9783866530164

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Review of the Convention on Contracts for the International Sale of Goods (CISG) by Pace International Law Review Pdf

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

Author : René Franz Henschel
Publisher : Gadjura
Page : 328 pages
File Size : 44,7 Mb
Release : 2005
Category : Business & Economics
ISBN : 8761908878

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Conformity of Goods in International Sales by René Franz Henschel Pdf

"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)

Author : Michael Maggi
Publisher : Kluwer Law International B.V.
Page : 347 pages
File Size : 48,8 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122766

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Review of the Convention on Contracts for the International Sale of Goods (CISG) 2002-2003 by Michael Maggi Pdf

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 : Franco Ferrari
Publisher : Walter de Gruyter
Page : 500 pages
File Size : 43,7 Mb
Release : 2009-04-27
Category : Law
ISBN : 9783866537293

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The CISG and its Impact on National Legal Systems by Franco Ferrari Pdf

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 : Peter Schlechtriem,Petra Butler
Publisher : Springer Science & Business Media
Page : 399 pages
File Size : 53,7 Mb
Release : 2008-10-17
Category : Law
ISBN : 9783540499923

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UN Law on International Sales by Peter Schlechtriem,Petra Butler Pdf

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.

Author : Clayton P. Gillette,Steven D. Walt
Publisher : Cambridge University Press
Page : 465 pages
File Size : 43,9 Mb
Release : 2016-05-10
Category : Law
ISBN : 9781107149625

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The UN Convention on Contracts for the International Sale of Goods by Clayton P. Gillette,Steven D. Walt Pdf

Serving the needs of both students and experts, this book evaluates the CISG through economic theory and legal doctrine.

Author : Joseph Lookofsky
Publisher : Kluwer Law International B.V.
Page : 253 pages
File Size : 52,9 Mb
Release : 2020-10-20
Category : Law
ISBN : 9789403526942

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Convention on Contracts for the International Sales of Goods (CISG) by Joseph Lookofsky Pdf

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 more than 90 Contracting States accounts for more than three-fourths 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 regime. The CISG has also impacted on sales legislation at national and regional (e.g. EU) levels. With this monograph as their guide, lawyers and scholars who deal with international sales contracts and sales contract disputes will obtain an excellent overview of the Convention, as well as valuable information as to all its 101 Articles, compromising key topic areas such as the following: Determining when the CISG applies; Freedom of contract under Article 6; Interpretation of the Convention and of CISG contracts; Sales contract formation, validity, defences to enforcement; Obligations of the parties, including conforming delivery & notice of non-conformity; Liability and remedies for breach, including specific performance, damages, avoidance/termination; Liability exemptions; Reservations under Articles 92-96. The Third Edition of this IEL monograph takes account of the latest scholarly commentary as well as key CISG case law worldwide.

Author : Gabriel Moens,Roger Jones
Publisher : Routledge
Page : 510 pages
File Size : 54,5 Mb
Release : 2009-03-11
Category : Law
ISBN : 9781134009206

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International Trade and Business Law Review: Volume XII by Gabriel Moens,Roger Jones Pdf

The International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration. The Review contributes in a scholarly way to the discussion of these developments while being informative and having practical relevance to business people and lawyers. The Review also devotes a section to the Willem C. Vis International Commercial Arbitration Moot and publishes the memoranda prepared by teams coached by Professor Gabriël A. Moens. The Review is edited at the Murdoch University School of Law in Perth, Australia. The Editors-in-Chief are Mr Roger Jones, Partner, Latham & Watkins LLP, Chicago and Gabriël A. Moens, Dean and Professor of Law, Murdoch Law School. It is an internationally-refereed journal. The Review is supervised by an international board of editors that consists of leading international trade law practitioners and academics from the European Union, the United States, Asia and Australia. The Student Editors for Volume XII are Sybil Almeida, Gianni Bei, Luke Rotondella, and Nicholas Summers from the Murdoch Law School.