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Written for international trade lawyers, practitioners and students
from common law and civil law countries, this casebook will help
practitioners and students assimilate knowledge on the CISG. The
cases, texts and questions are intended to aid readers in their
comparative law and international sales law studies, and are
designed to draw attention to the particular issues surrounding
specific CISG provisions and to provoke careful consideration of
possible solutions. In addition to this book's function as a
didactical aid, it is a reference work for leading cases and an
introduction to the individual problem areas. In particular, it
acts as a preparatory and complementary work for the Willem C. Vis
International Commercial Arbitration Moot.
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International Sales Law (Hardcover)
Christiana Fountoulakis, Ingeborg Schwenzer, Mariel Dimsey
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R7,081
R5,703
Discovery Miles 57 030
Save R1,378 (19%)
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Ships in 12 - 19 working days
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Written for international trade lawyers, practitioners and students
from common law and civil law countries, this casebook will help
practitioners and students assimilate knowledge on the CISG. The
cases, texts and questions aid readers in their comparative law and
international sales law studies, drawing attention to the
particular issues surrounding specific CISG provisions and
provoking careful consideration of possible solutions. In addition
to this book's function as a didactical aid, it is a reference work
for leading cases and an introduction to the individual problem
areas. In particular, it acts as a preparatory and complementary
work for the Willem C. Vis International Commercial Arbitration
Moot.
2020 marked the 40th anniversary of the CISG which now has over 90
Contracting States, with Hong Kong formally adopted the Convention
in 2022, and further States are currently considering their
accession to the Convention. Even more importantly, significantly
more international case law applying the CISG has become available
since the last edition in 2016. This timely new edition considers
these new cases and other important developments and literature,
continuing to provide the meticulous detail and authority of
analysis of previous editions. Some of the article-by-article
chapters have been completely rewritten. The fifth edition
furthermore includes two new thematic chapters enabling coverage of
topical subjects in a holistic way with reference to the various
CISG articles they concern. In recent practice, contracts have
started to emerge that concern the sale of data, raising numerous
issues concerning the applicability of the CISG. The new CISG and
Data Trading chapter addresses these questions, making this
Commentary the first to cover "digital" trade under the CISG. The
new chapter INCOTERMS and the CISG provides easily accessible
overviews of all INCOTERMs 2020 and the interactions between
contractual CIF, FOB and other INCOTERM clauses and the CISG's
provisions in case the Convention applies (as often in practice) as
underlying sales law rules. Since the publication of the first
edition in 1998, the Commentary has become an invaluable source for
the comprehension and discussion of the Convention, frequently
cited by legal writers, tribunals, and courts all over the world.
Written by an international team of contributors, this book
provides expert analysis, and combines judicial and scholarly views
from numerous jurisdictions. This is the most comprehensive and
authoritative commentary on the CISG, and an invaluable resource
for scholars and practitioners alike.
The second edition of Global Sales and Contract Law continues to
provide comparative analysis of domestic laws of sale and contract
in over sixty countries, delivering a global view of national and
international sales law. The book is grounded in the practical
realities of sales law, reflecting the day-to-day issues faced by
practitioners. Complex questions of the obligations under a sales
contract, the ways in which these are established, as well as the
remedies following the breach of obligations, are all analysed. In
addition to coverage of the CISG and various national regimes, the
book examines regional projects, like the the UNIDROIT PICC, the
PECL, the DCFR and the PLACL, and compares differences in domestic
legal approach where the CISG would not apply. The new edition
covers all the relevant case law, and factors in developments such
as changes to the law of contract in Argentina, France, Hungary,
and Japan, a raft of countries which have adopted the CISG since
the first edition, updates to the UNIDROIT PICC, and new editions
of the ICC's INCOTERMS (c) and force majeure and hardship clauses
in 2020. International or multilateral developments that were
envisaged in the original edition have now either evolved or
disappeared, for example, the European Union's plan for a Common
European Sales Law (CESL), as reflected in the new edition.
Encompassing all aspects of sale of goods transactions, and
examining the process of a sale with relation to general contract
law, the book gives practitioners invaluable insight into judicial
trends and possible solutions in different legal systems, whether
preparing for litigation or drafting an international contract.
Global Sales and Contract Law remains the most comprehensive and
thorough compilation of legal analysis in the field of the sale of
goods and is a source for any practitioner dealing in international
commerce.
This is the third edition of the casebook providing an
article-by-article analysis of the CISG Convention. Offering a
fully updated range of materials, this casebook is an excellent
starting point for learning about the Convention and will be
particularly useful for international trade lawyers, practitioners
and students. The commentary on each article is accompanied by
extracts from cases and associated comparative materials, as well
as references to important trade usages such as the INCOTERMS (R)
2010. The book features an updated selection of the most
significant cases, each of which has been abridged to enable the
reader to focus on its essential features and the relevant
questions arising from it. The case extracts are accompanied by a
comprehensive overview of parallel provisions in other
international instruments, uniform projects and domestic laws. The
analyses, cases, texts and questions are intended to aid readers in
their comparative law and international sales law studies. They are
designed to draw attention to the particular issues surrounding
specific CISG provisions and to provoke careful consideration of
possible solutions. The book is a reference work as well as an
introduction to the individual problem areas. In particular, it
acts as a preparatory work for the Willem C Vis International
Commercial Arbitration Moot. Sample questions and answers are also
included, which make it particularly helpful for self-study
purposes.
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