Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on 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 discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including 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 is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.
Full Product DetailsAuthor: Ingeborg Schwenzer , Christopher Kee , Pascal Hachem
Publisher: Oxford University Press
Imprint: Oxford University Press
Dimensions: Width: 18.10cm , Height: 6.40cm , Length: 24.70cm
ISBN 10: 0199572984
Publication Date: 26 January 2012
Audience: Professional and scholarly , Professional & Vocational
Publisher's Status: Active
Availability: To order
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Table of Contents1. Introduction ; I SALES LAW - HISTORY AND MODERN PRACTICE ; 2. Historical Development of Domestic Sales Law ; 3. Uniform Laws and Projects ; 4. Contract and the Law ; 5. Modern Practice of International Sales Law ; II AMBIT OF SALES LAW ; 6. General Remarks on the Ambit of Sales Law ; 7. The Concept of Goods ; 8. Identifying the Boundaries of a Sales Contract ; III FORMATION OF THE CONTRACT ; 9. General Remarks on the Formation of Contract ; 10. Offer and Acceptance ; 11. Electronic Communications ; 12. Standard Terms ; 13. Agency ; 14. Modification of Contract ; IV VALIDITY ; 15. General Remarks on Validity ; 16. Capacity to Contract ; 17. Mistake and Error ; 18. Fraud and Duress ; 19. Consequences of Mistake, Fraud and Duress ; 20. Illegality and Immorality ; 21. Excessive Benefits and Unfair Advantages ; 22. Formal Requirements ; V PRE-CONTRACTUAL LIABILITY ; 23. General Remarks on Pre-Contractual Liability ; 24. Pre-Contractual Duties ; 25. Consequences of Breach of Pre-Contractual Duties ; VI CONSTRUCTION OF CONTRACTS ; 26. Interpretation and Supplementation ; 27. Practices and Usages ; VII OBLIGATIONS OF THE SELLER ; 28. General Remarks on the Obligations of the Seller ; 29. Delivery ; 30. Documents and Costs ; 31. Conformity of the Goods ; 32. Third Party Property Rights ; 33. Industrial and Intellectual Property Rights ; 34. Examination and Notice ; VIII OBLIGATIONS OF THE BUYER ; 35. General Remarks on the Obligations of the Buyer ; 36. Payment of the Purchase Price ; 37. Taking Delivery ; PART IX PASSING OF RISK ; 38. Passing of Risk ; X TRANSFER OF TITLE ; 39. Transfer of Title ; 40. Transfer of Title by a Non-Owner ; XI REMEDIES FOR BREACH OF CONTRACT ; 41. General Remarks about Remedies ; 42. Suspension of Performance ; 43. Specific Performance ; 44. Damages ; 45. Exemption ; 46. Interest ; 47. Avoidance ; 48. Price Reduction ; 49. Concurrent Remedies ; XII UNWINDING OF THE CONTRACT ; 50. Unwinding of the Contract ; XIII LIMITATION OF ACTIONS ; 51. Limitation of Actions
An invaluable resource. Pierre A. Karrer, ASA Bulletin
<br>Ingeborg Schwenzer is a Professor Ordinaria fur Privatrecht at the University of Basel. After completing her law studies in Tubingen, Geneva and Freiburg, Professor Schwenzer obtained an LL.M. summa cum laude from the University of California, Berkeley, and her PhD summa cum laude from the University of Freiburg. <br>Christopher Kee is Lecturer at the University of Basel and also holds appointments as an holds appointments as an Adjunct Professor at City University, of Hong Kong and Honorary Fellow of Deakin Law School. He is a Barrister and Solicitor of the High Court of Australia and the Supreme Courts of Victoria and New South Wales and specialises in international arbitration and international commercial law. <br>Pascal Hachem is a Senior Researcher and lecturer at the Faculty of Law, University of Basel, Switzerland.<br>
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