Top PDF The Convention on Contracts for the International Sale of Goods and the General Conditions for the Sale of Goods

The Convention on Contracts for the International Sale of Goods and the General Conditions for the Sale of Goods

The Convention on Contracts for the International Sale of Goods and the General Conditions for the Sale of Goods

8 The Permanent Foreign Trade Commis- sion of Comecon, aided by the 1951 experience, promulgated General Conditions that were accepted as binding between Come- con c[r]

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An efficiency based resolution of contentious issues under the convention on international sale of goods

An efficiency based resolution of contentious issues under the convention on international sale of goods

implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Act.” Comment 1 to Section 1-205 states, “The meaning of the agreement is to be determined by the language used by [the parties] and by their action, read and interpreted in the light of commercial practices and other surrounding circumstances.” In the words of Speidel, under the UCC “[I]f the seller and buyer agree to the future sale of described goods in a stated quantity and clearly state that they intend to contract, the bargain is enforceable even though no other terms have been agreed.” Anon, ‘UCC Section 2-305(1)(c): Open Price Terms and the Intention of the Parties in Sales Contracts’ (1967) 1 Valparaiso University Law Review 381, 398 citing Professor Richard Speidel, ‘Annual Convention of the Association of American Law Schools’ December 28, 1966.
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Scholarly Commentary on Articles of the United Nations Convention on Contracts for the International Sale of Goods

Scholarly Commentary on Articles of the United Nations Convention on Contracts for the International Sale of Goods

Comment, Contract Formation Under the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Commercial Code, 3 DICK.. Note, The United Nation[r]

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Risk of Loss or Damage in Documentary Transactions under the Convention on the International Sale of Goods

Risk of Loss or Damage in Documentary Transactions under the Convention on the International Sale of Goods

Such documentary transactions probably constitute the great majority of contracts for the international sale of goods, yet the Convention deals with documentary transactio[r]

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Impossibility of Performance of Contract in the United Nations Convention on Contracts for the International Sale of Goods

Impossibility of Performance of Contract in the United Nations Convention on Contracts for the International Sale of Goods

The Impossibility of performance of the contract as an exemption from liability, arising from the breach of contract, is an issue which is discussed in the sale contracts. International Sale of Goods which is enacted in 1980, discusses the matter in its Article 79. The CISG abstains to use such terms as Frustration and Force majeure which are used in national legal systems. This prevention of using such terms thought to be the way that CISG keeps itself independence from national legal systems. As a result the CISG ordains its specific terms and conditions to set up the exemption for damages arising from the breach of contract by the person who has faced impediments and breached the contract. This research studies different aspects of the impossibility of performance of contract in The Convention on the International Sale of Goods, therefore not only it presents the concept and bases of occurrence of the Force majeure, it discusses applicable examples such as sanctions and changes in regulations as Force majeure.
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Applicability of United Nations Convention On Contract for The International Sale of Goods (CISG) On Non-Contracting States

Applicability of United Nations Convention On Contract for The International Sale of Goods (CISG) On Non-Contracting States

In the final analysis, parties to a contract cannot by virtue of party autonomy, agree to employ CISG as the governing law of their contract if their respective countries or one of the parties country is not a contracting state; and therefore lacks the jurisdiction to exercise and determine dispute brought before it for adjudication. More so, any judgment obtained in any contracting states of CISG, cannot be recognized and enforced in a non party state for not being party to any bilateral or multilateral convention on the recognition and enforcement of judgments.
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Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (CISG) according to Principles of International Law – a reply

Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (CISG) according to Principles of International Law – a reply

This paper argued that the VCLT has only a limited relationship with he CISG. Such a relationship exists as Part IV of the CISG regulates the obligations of contracting States with each other. An interpretation of this part must be undertaken by the VCLT, as its specific purpose is to interpret treaties. Furthermore article 7 must be interpreted by the VCLT, as the CISG has no interpretive tools specifically designed to do just that. However the involvement of the VCLT does not go further. The CISG through article 7 has at its disposition a mechanism whereby ambiguities can be interpreted in a way the drafters of the convention - and for that matter those who ratified it – expressed their intention.
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Obstacles of Convention on International Sale of Goods 1980 (CISG) in the Promotion of International Trade

Obstacles of Convention on International Sale of Goods 1980 (CISG) in the Promotion of International Trade

also telling. Relatively few cases deal with matters of substantive law and many are about the very applicability of the CISG. Questions like whether the CISG was excluded or not, whether there was a contract of sale and whether the contract could be qualified as an international and commercial one seem to play a large role. This is not a sign of a shared conviction in the business world that the CISG is the best possible regime to be applicable to the contract. Two important consequences follow from this analysis. The first is an optimistic one: the more the CISG is not excluded by parties, and the more case law is produced by the courts, the more legal certainty it can provide. This will lead to an increase of parties not excluding the uniform sales regime, which will again lead to more case law and as a consequence to more legal certainty. We already see some signs of this „network effect. Viewed this way, it could just be a matter of time until the CISG is also successful in view of the parties‟ interests. The second consequence is that as long as the CISG is an optional set of rules, it will have to compete with national jurisdictions. In so far as commercial parties are indeed primarily after a legal regime that provides them with as much legal certainty as possible, our hopes should not be too high that the CISG will in fact be chosen more often. One could of course reason that the CISG offers additional advantages for parties, such as that it is a „neutral law‟ or that it is better geared towards the interests of commercial parties but I do not believe that these reasons are convincing for most commercial parties.
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Artilce 29(2) of the United Nations Convention on Contracts for the International Sale of Goods: A New Effort at Clarifying the Legal Effect of No Oral Modification Clauses

Artilce 29(2) of the United Nations Convention on Contracts for the International Sale of Goods: A New Effort at Clarifying the Legal Effect of No Oral Modification Clauses

Relevant circumstances include the purpose of the parties' written contract, any custom concerning the use of NOM clauses, the parties' course of dealing on NOM clauses[r]

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Computer Software: Should the U.N. Convention on Contracts for the International Sale of Goods Apply? A Contextual Approach to the Question, 11 Computer L.J. 197 (1991)

Computer Software: Should the U.N. Convention on Contracts for the International Sale of Goods Apply? A Contextual Approach to the Question, 11 Computer L.J. 197 (1991)

Doc. BULLETIN OF THE EUROPEAN CoMMuNrrIES, Supp.. for the economic unification of Western Europe by 1992, will influence the transnational exchange of, inter alia, computer[r]

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Four-Corners - The Methodology for Interpretation and Application of the UN Convention on Contracts for the International Sale of Goods

Four-Corners - The Methodology for Interpretation and Application of the UN Convention on Contracts for the International Sale of Goods

The CISG unlike other conventions did not vest interpretational authority with an international tribunal, nor has any editorial board been created to amend the CISG as the need arises.[151] Two examples to the contrary can be quoted. First, in the United States an editorial board meets regularly with a view to amend, if necessary, the Uniform Commercial Code (UCC). Secondly the European Court of Justice interprets the Brussels Convention on Recognition and Enforcement of Judgments and its decisions are binding on all member states of the EC. The obvious advantage not to have similar practices in place is the fact that it has a bearing on the sovereignty of contracting States. The alternative would have been politically unacceptable. It is doubtful if many States would have accepted the CISG if a court like the European Court of Justice would have influenced domestic law of contracting States with its decisions. A very good example should be noted. In 1992 Switzerland had the opportunity to join the European Economic Zone (EWR), which would have been the first step in joining the EC.[152] The Swiss people rejected the initiative and in 1999 the seven bilateral agreements with the EC were accepted by parliament and ratified by referendum in 2000. The main reason for the 1992 rejection was the fact that the contract with the EWR contained an automatic right to changes in law. If the EC changes legal rules, these changes apply automatically to all member states.[153] Even in retrospect it is still recognized that a loss of sovereign self-determination was unacceptable, as Switzerland would have been subjected to a rule from
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Facing the Truth: Seeing the Convention on Contracts for the International Sale of Goods as an Obstacle to a Uniform Law of International Sales

Facing the Truth: Seeing the Convention on Contracts for the International Sale of Goods as an Obstacle to a Uniform Law of International Sales

tractual Obligation Through the Prism of Uniform International Sales Law, 37 VA.. This article challenges the belief that the CISG accomplishes its goal of uniformity; instead, thi[r]

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Rolling Contract Formation under the UN Convention on Contracts for the International Sale of Goods

Rolling Contract Formation under the UN Convention on Contracts for the International Sale of Goods

However, if the buyer did not intend to solicit the seller's shrinkwrap form, the shrinkwrap terms would drop out of the parties' agreement as an unen- forceable request fo[r]

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A comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions

A comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions

It was found that the absence of the foreseeability requirement under the SGA makes it able to satisfy the norms of the evaluative framework more effectively than the other legal regimes. In terms of certainty, the buyer can show the substantial failure of performance with no concern about satisfying the foreseeability requirement for the seller. The main uncertainty of the foreseeability requirement under the other international legal regimes lies on the variable knowledge of the seller, which might be incomplete for any number of reasons, such as lacking perception and experience. In terms of performance interest, the SGA, which allows contracts to be terminated more freely, serves this norm to a higher degree than the other legal regimes. The reason is that the foreseeability requirement makes termination of contract difficult, and therefore the buyer has to seek to satisfy his performance interest through the seller’s performance of the contract. In the SGA, this interest is satisfied more effectively by restitution of the contract price, which might place the buyer in a better situation than if the contract had been performed, especially when the market price of the goods has fallen and the buyer has paid in advance. Even when the market has risen, the buyer is able to claim both damages and restitution in order to be placed in a position equally good as that of a performed contract. In terms of efficiency, the foreseeability requirement is costly both at the time the contract is formed and for litigation. In the former stage, the buyer has to bear informational costs, including supplying the seller with knowledge regarding certain obligations and alerting him of the possible consequences of a breach. In the latter stage, the seller might bring some evidence demonstrating his inability to anticipate the loss, and the courts must examine it subjectively and objectively to determine whether the requirement of foreseeability was satisfied or not. This requirement would therefore significantly increase the litigation costs. In terms of relational theory, the foreseeability requirement might lock the parties in a hostile relationship and, as a consequence, might render their relationship unproductive. In contrast, English law allows the parties to release themselves from such a relationship, thereby helping them seek productive opportunities elsewhere.
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The Choice of Law Clause in Contracts between Parties of Developing and Developed Nations

The Choice of Law Clause in Contracts between Parties of Developing and Developed Nations

The Draft Convention on the International Sale of Goods is es- pecially encouraging because it promotes all of the beneficial aspects of party autonomy: (1) it doe[r]

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Diversity of Contract Law and the European Internal Market

Diversity of Contract Law and the European Internal Market

2.4 The Vienna Convention on the International Sale of Goods CISG In addition to the national and European systems of contract law, there is the international regime created by the Conve[r]

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3. Professor Michael Gordon, at the University of Florida, conducted an earlier study of attitudes towards the CISG and the UNIDROIT Principles among members of the Florida bar, judiciary and academia a decade ago, which was one of the first attempts to assess and document the use of these instruments in this country. M.W. Gordon, Some Thoughts on the Receptiveness of Contracts Rules in the CISG and UNIDROIT Principles as Reflected in One State’s (Florida) Experience of (1) Law School Faculty, (2) Members of the Bar with an International Practice, and (3) Judges, 46 A M . J. C OMP . L. 361 (1998). Other papers which touch upon the U.S. experience with these instruments include W.S. Dodge, Teaching the CISG in Contracts, 50 J. L EGAL E DUC . 72, 74-78 (2000); M.F. Koehler & G. Yujun, The Acceptance of the Unified Sales Law (CISG) in Different Legal Systems—An International Comparison of Three Surveys on the Exclusion of the CISG’s Application Conducted in the United States, Germany, and China, 20 P ACE I NT ’ L L. R EV . (forthcoming 2008); G. Philippopoulos, Awareness of the CISG Among American Attorneys, 40 UCC L.J. 357 (2008); C.S. Sukurs, Harmonizing the Battle of the Forms: a Comparison of the United States, Canada, and the United Nations Convention on Contracts for the International Sale of Goods, 34 V AND . J. T RANSNAT ’ L L. 1481, 1511-15 (2001); and J. Ziegel, The Scope of the Convention: Reaching Out to Article One and Beyond, 25 J.L. & C OM . 59, 67-71 (2005).
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A Critical Analysis of Ethiopian Civil Code Governing Sale of Goods in the Light of International Convention and Principles

A Critical Analysis of Ethiopian Civil Code Governing Sale of Goods in the Light of International Convention and Principles

Acronyms CC: Civil code of Ethiopia CISG: The United Nations Convention on Contracts for International Sale of Goods UPICC: The UNIDROIT Principle of International Commercial Contracts 2[r]

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Today’s pirates may seem more like terrorists, and their effect can be felt on a variety of sectors within society, most notably international commerce. The shipping industry deals with the threat of pirate attacks on a regular basis. In order to prevent a profit loss from those attacks, the industry has sought insurance coverage. The difficulty arises within these insurance policies as to the definition of “piracy,” and whether acts that more closely resemble terroristic activities as opposed to the traditional notion of piracy are covered. This Student Note evaluates the evolving definition of piracy, both within the United States’ court system and in international law. The lack of a consistent definition raises the argument that policy coverage varies too significantly to effectively protect the economic loss associated with a pirate attack. The Note concludes by noting that regardless of how piracy is defined, the threat of attacks still exists. Additionally, due to liability under the United Nations Convention for the International Sale of Goods (CISG), insurance coverage within the shipping industry will still be sought.
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Features of the Information-analytical System Application for Estimation the Support Areas for Creation of the Results of the Intellectual Activity of the Research and Educational Institutions

Features of the Information-analytical System Application for Estimation the Support Areas for Creation of the Results of the Intellectual Activity of the Research and Educational Institutions

The design of information system to control company staffing and the selection of criteria indicators to evaluate its performance efficiency would allow us to formalize and generalize the results of the employees activity in any organization, as well as to calculate aggregates in order to generate performance criteria on the basis of these data. Such systematic approach will allow processing the data for the calculation of general corporate and specialized criteria, including quantitative and qualitative, objective and subjective, integral and simple indicators.

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