Now ratified by 73 countries from every geographical region,
representing every stage of economic development and every major
legal and economic system, the United Nations Convention on
Contracts of the International Sales of Goods (CISG) has changed
the way international sales contracts are drafted and resulting
disputes settled. In the decade since the Third Edition of
Professor John Honnold's classic commentary, there has been vast
growth in the number of decisions from tribunals around the world
which have applied the CISG, an explosion of new scholarly analyses
of the Convention, and remarkable developments in the research
infrastructure that permits access to those materials. These
developments have raised many new issues, and have deepened our
understanding of (or, in some instances, effectively resolved) old
ones. The remarkable progress of this epoch-making uniform
international law calls for an updated edition of Professor
Honnold's treatise.
"This Fourth Edition" retains the original's incisive
article-by-article commentary, as well as its insistence on how the
parties' duties and the corresponding remedies need to work
together ('like scissor-blades, ' to quote Professor Honnold's
vivid simile) and the many concrete examples that illustrate and
test the Convention's response to problems that arise in
international trade. It deals definitively with the crucial aspects
of sales contracts, including the following, taking fully into
account the myriad variations among distinct legal systems:
delivery of the goods and handing over of documents; conformity of
the goods and third party claims; remedies for breach of contract
by the seller; payment of the price; taking delivery; remedies for
breach of contract by the buyer; anticipatory breach and instalment
contracts; damages; interest; exemptions; effects of avoidance; and
preservation of the goods conclusion ( formation) of contracts.
In explicit recognition of Professor Honnold's unique
understanding of the Convention's development and the issues that
occupied those who drafted and finalized the text, the substantial
new textual material incorporated into this new edition is set in
bold italics, allowing the reader to distinguish the work of the
editor from text preserved from earlier editions, and thus
identifying the material that carries Professor Honnold's special
authority.
Over three decades Professor Honnold's almost intuitive grasp of
the instrument has guided governments, tribunals, scholars and
practitioners towards an enlightened international understanding of
the treaty. This new edition provides tribunals, practitioners, and
scholars with even more invaluable insights into the meaning of
each article of the Convention. The hundreds of decisions cited,
many of them dating from the last 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.
General
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