CISG vs. Regional Sales Law Unification

With a Focus on the New Common European Sales Law

Author: Ulrich Magnus

Publisher: Walter de Gruyter

ISBN: 3866539665

Category: Law

Page: 247

View: 2210


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.

International Sales Law

A Global Challenge

Author: Larry A. DiMatteo

Publisher: Cambridge University Press

ISBN: 1107782805

Category: Law

Page: N.A

View: 1605


This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.

Commentary on the UN Sales Law (CISG)

Author: Christoph Brunner,Benjamin Gottlieb

Publisher: Kluwer Law International B.V.

ISBN: 9041199799

Category: Law

Page: 774

View: 7144


Buyers and sellers engaging in the cross-border sale of goods are well-advised to be conversant with the United Nations Convention on Contracts for the International Sale of Goods (CISG), which governs international sales contracts. The CISG has been ratified by 89 states, which together account for over three-quarters of all world trade. This practically-oriented, article-by-article commentary on the CISG will be useful to legal practitioners, counsel and arbitrators dealing with international sales contracts. The in-depth annotations deal extensively with the legal issues likely to arise under each CISG article. The annotations include up-to-date analyses of state court and arbitral decisions, the legal doctrines derived from these decisions, and relevant scholarship to date. Among the issues and topics discussed are the following: interface with national laws; scope of application; obligations of seller and buyer; non-conforming goods and duty to notify; breach of contract and remedies; damages; force majeure exemption; and termination of contract and its consequences. This book is an updated translation of the second German edition of a valued resource in Germany, Switzerland, and Austria, and an authority regularly cited by the Swiss Supreme Court. The commentary is influenced by legal authorities from both civil law and common law backgrounds. Throughout, the contributors refer to the database, enabling users to locate decisions easily. User-friendly, focused on practical questions, concise but comprehensive, this article-by-article commentary provides a quick and trenchant overview of existing legal opinions and court/arbitral decisions. It will prove immensely valuable to legal practitioners, facilitating their formulation of reliable solutions to legal problems involving the CISG.

Research Handbook on International and Comparative Sale of Goods Law

Author: Djakhongir Saidov

Publisher: Edward Elgar Publishing

ISBN: 1786436159


Page: 480

View: 1896


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.

Towards a New CISG

The Prospective Convention on the International Sale of Goods and Services

Author: Leandro Tripodi

Publisher: BRILL

ISBN: 9004305319

Category: Law

Page: 204

View: 4360


Towards a New CISG contains a proposal for the adoption of a Convention on the International Sale of Goods and Services, as a substitute for the 1980 Vienna Sales Convention.

UN Law on International Sales

The UN Convention on the International Sale of Goods

Author: Peter Schlechtriem,Petra Butler

Publisher: Springer Science & Business Media

ISBN: 9783540499923

Category: Law

Page: 352

View: 367


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.

International sales law under CISG

the UN Convention on Contracts for the International Sale of Goods (1980) : the first 444 or so decisions

Author: Michael R. Will

Publisher: Faculte de Droit Universite de Geneve


Category: Law

Page: 182

View: 6988



Contracts for the International Sale of Goods

Applicability and Applications of the 1980 United Nations Convention

Author: Franco Ferrari

Publisher: Martinus Nijhoff Publishers

ISBN: 900420170X

Category: Law

Page: 292

View: 524


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, the volume focuses on the exact determination of the CISG’s sphere of application; both the non-conformity of delivered goods and the notice of non-conformity; and the determination of the rate of interest on sums in arrears.