Eu Private Law And The Cisg
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Author |
: Zvonimir Slakoper |
Publisher |
: |
Total Pages |
: |
Release |
: 2021 |
ISBN-10 |
: 1032063335 |
ISBN-13 |
: 9781032063331 |
Rating |
: 4/5 (35 Downloads) |
Synopsis EU Private Law and the CISG by : Zvonimir Slakoper
"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"--
Author |
: Herbert Bernstein |
Publisher |
: Springer |
Total Pages |
: 222 |
Release |
: 1997-03-06 |
ISBN-10 |
: UOM:39015040542998 |
ISBN-13 |
: |
Rating |
: 4/5 (98 Downloads) |
Synopsis Understanding the CISG in Europe by : Herbert Bernstein
More than 40 countries, accounting for two-thirds of all world trade, have ratified the Convention on Contracts For The International Sale of Goods (CISG). Through a comparison and contrast with domestic law, The authors explain the CISG in terms familiar to European jurists. Because the CISG treaty demands an international interpretation, The authors draw heavily upon a broad base of CISG decisions, arbitral awards and doctrine from around the world. Concrete examples are provided throughout. The English language text will help European jurists to better communicate about CISG problems across language barriers. Those in academia will also appreciate the sources drawn upon And The comparative approach of this work.
Author |
: Franco Ferrari |
Publisher |
: Walter de Gruyter |
Total Pages |
: 500 |
Release |
: 2009-04-27 |
ISBN-10 |
: 9783866537293 |
ISBN-13 |
: 3866537298 |
Rating |
: 4/5 (93 Downloads) |
Synopsis The CISG and its Impact on National Legal Systems by : Franco Ferrari
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 |
: Annina H Persson |
Publisher |
: Bloomsbury Publishing |
Total Pages |
: 207 |
Release |
: 2017-01-12 |
ISBN-10 |
: 9781509900961 |
ISBN-13 |
: 1509900969 |
Rating |
: 4/5 (61 Downloads) |
Synopsis Swedish Perspectives on Private Law Europeanisation by : Annina H Persson
As part of the European integration, an ambitious programme of harmonisation of European private law is taking place. This new edition in the Swedish Studies in European Law series, the work of both legal scholars and politicians, aims to create a modern codification in the tradition of the great continental codifications such as the BGB and the Code Civil. A significant step towards this development was taken in 2009 with the creation of the Draft Common Frame of Reference which contains model rules for a large part of central private law. The process raises a number of questions. What are the advantages and disadvantages of such an intensive process of harmonisation? Are there lessons to be learnt from the Europeanisation of private law through history? Are there any further steps which have been taken in order to create a European private law? What is the future of European private law? These crucial questions were discussed at a conference in Stockholm, sponsored by the Swedish Network of European Legal Studies. This important volume includes the answers offered by leading scholars in the field.
Author |
: Andre Janssen |
Publisher |
: sellier. european law publ. |
Total Pages |
: 408 |
Release |
: 2009 |
ISBN-10 |
: 9783866530706 |
ISBN-13 |
: 3866530706 |
Rating |
: 4/5 (06 Downloads) |
Synopsis CISG Methodology by : Andre Janssen
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 |
: Ulrich G. Schroeter |
Publisher |
: |
Total Pages |
: 24 |
Release |
: 2010 |
ISBN-10 |
: OCLC:1290808936 |
ISBN-13 |
: |
Rating |
: 4/5 (36 Downloads) |
Synopsis Creation and Acceptance of Uniform Private Law in Europe by : Ulrich G. Schroeter
The present article (written in German) discusses whether legal instruments creating uniform private law - either by way of a Convention (a treaty under public international law) or in some other form - should preferably be designed as quot;opt inquot; instruments (meaning that the uniform law text will only apply if the parties to a contract provide for its application by way of a choice-of-law clause), or rather as quot;opt outquot; instruments (meaning that the text will apply ipso iure, provided the parties to the contract have not opted out of its application). This discussion, which has been going on for decades, has in recent years gained new impetus because of the current preparations for an quot;optional instrumentquot; to (potentially) be enacted by the European Union at some time in the future. The present study suggests a new approach to this question by adopting an institutional economics perspective and drawing on the practical experiences made with the United Nations Convention on Contracts for the International Sale of Goods of 1980 (CISG): This Convention, which ranks as the most successful uniform private law instrument in history, is designed as an quot;opt outquot; instrument. By focusing on the interest that various groups (companies, their lawyers, judges and arbitrators, States) have demonstrated with respect to the possibility to opt out of the CISG, the article tries to outline which preferences these groups have when it comes to an opt in or opt out design of a future European Contract Law (the quot;optional instrumentquot;), and makes suggestions for a design that would be accepted by a majority of players.
Author |
: Nils Jansen |
Publisher |
: Oxford University Press |
Total Pages |
: 2379 |
Release |
: 2018-07-12 |
ISBN-10 |
: 9780192508003 |
ISBN-13 |
: 0192508008 |
Rating |
: 4/5 (03 Downloads) |
Synopsis Commentaries on European Contract Laws by : Nils Jansen
The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Author |
: Ulrich Magnus |
Publisher |
: |
Total Pages |
: |
Release |
: 2007 |
ISBN-10 |
: OCLC:1055316958 |
ISBN-13 |
: |
Rating |
: 4/5 (58 Downloads) |
Synopsis CISG Vs. Regional Sales Law Unification by : Ulrich Magnus
Author |
: Peter Huber |
Publisher |
: Walter de Gruyter |
Total Pages |
: 433 |
Release |
: 2009-04-27 |
ISBN-10 |
: 9783866537286 |
ISBN-13 |
: 386653728X |
Rating |
: 4/5 (86 Downloads) |
Synopsis The CISG by : Peter Huber
"... 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 |
: Thomas Neumann |
Publisher |
: Walter de Gruyter |
Total Pages |
: 292 |
Release |
: 2012-04-02 |
ISBN-10 |
: 9783866539624 |
ISBN-13 |
: 3866539622 |
Rating |
: 4/5 (24 Downloads) |
Synopsis The Duty to Cooperate in International Sales by : Thomas Neumann