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Commentary on the UN Sales Law

Commentary on the UN Sales Law

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789041199782
  • Published In: March 2019
  • Format: Hardback
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Details

    Buyers and sellers engaging in the cross-border sale of goods are well-advised to be conversant with the United Nations Convention on Contracts for the International Sale of Goods (CISG), which governs international sales contracts. The CISG has been ratified by 89 states, which together account for over three-quarters of all world trade. This practically-oriented, article-by-article commentary on the CISG will be useful to legal practitioners, counsel and arbitrators dealing with international sales contracts.

    The in-depth annotations deal extensively with the legal issues likely to arise under each CISG article. The annotations include up-to-date analyses of state court and arbitral decisions, the legal doctrines derived from these decisions, and relevant scholarship to date. Among the issues and topics discussed are the following:

    • interface with national laws;
    • scope of application;
    • obligations of seller and buyer;
    • non-conforming goods and duty to notify;
    • breach of contract and remedies;
    • damages;
    • force majeure exemption; and
    • termination of contract and its consequences.

    This book is an updated translation of the second German edition of a valued resource in Germany, Switzerland, and Austria, and an authority regularly cited by the Swiss Supreme Court. The commentary is influenced by legal authorities from both civil law and common law backgrounds..

    User-friendly, focused on practical questions, concise but comprehensive, this article-by-article commentary provides a quick and trenchant overview of existing legal opinions and court/arbitral decisions. It will prove immensely valuable to legal practitioners, facilitating their formulation of reliable solutions to legal problems involving the CISG.

  • List of Contributors

    Table of Abbreviations

    Preface

    Introduction

    Commentary on Individual Articles

    Part I – Sphere of Application and General Provisions

    Chapter I – Sphere of Application

    Chapter II – General Provisions

    Part II – Formation of the Contract
    Introductory Remarks to Articles 14–24

    Part III – Sale of Goods

    Chapter I – General Provisions

    Chapter II – Obligations of the Seller

    Section I – Delivery of the Goods and Handing Over of Documents

    Section II – Conformity of the Goods and Third-Party Claims

    Section III – Remedies for Breach of Contract by the Seller

    Chapter III – Obligations of the Buyer

    Section I – Payment of the Price

    Section II – Taking Delivery

    Section III – Remedies for Breach of Contract by Buyer

    Chapter IV – Passing of Risk
    Introductory Remarks to Arts. 66–70

    Chapter V – Provisions Common to the Obligations of the Seller and of the Buyer

    Section I – Anticipatory Breach and Installment Contracts

    Section II – Damages

    Section III – Interest

    Section IV – Exemptions

    Section V – Effects of Avoidance

    Section VI – Preservation of the Goods

    Part IV – Final Provisions
    Introductory Remarks to Articles 89–101

    Annex A Table of Contracting States; Declarations or Reservations

    Annex B Incoterms 2010

    Table of Authorities (Commentaries, Articles, Monographs and Online Sources)

    Index

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