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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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Uniform Application of the Int'l Sales Law - Understanding Uniformity, the Global Jurisconsultorium and Examination (Hardcover)
Loot Price: R4,804
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Uniform Application of the Int'l Sales Law - Understanding Uniformity, the Global Jurisconsultorium and Examination (Hardcover)
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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 systems - as well as
detailed commentary on the text of the Convention itself - the
author demonstrates the considerable value of the global use of
CISG precedents. Among the many factors she analyses are the
following: the idea of the "jurisconsultorium" as the heart of a
new discipline of uniform law; interpretational challenges;
parallels of precedents between the UCC and the CISG; availability
and weighting of precedent sources; congruency issues in the
scholarly jurisconsultorium; multilingual issues; undue influence
of domestic law; and, legal classification of various types of
"goods." 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.
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