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Contracts for the Sale of Goods: A Comparison of the Domestic and International Law, 3rd Edition

Contracts for the Sale of Goods: A Comparison of the Domestic and International Law, 3rd Edition

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780198834342
  • Published In: February 2022
  • Format: Hardback , 400 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Contents 
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    • Comprehensive coverage of the new UCC and UNIDROIT principles which many lawyers will not be familiar with
    • Clear exposition allows readers to understand and compare domestic and international sales law in a single volume
    • Analysis of the new cases in the UNCITRAL CISG Digest (including several hundred new references and cross-references), and new provisions on setoff, assignment, limitation principles
    • Incorporation of the European Principles of Contract Law as a fourth set of legal principles in addition to the CISG, the UCC and the UNIDROIT Principles
    • Access to new cases on the CISG and the UNIDROIT Principles that are reported in the updated UNILEX database; Clarity and ease of access to the comparative materials is a time saver for both practitioners and academics. Organization and format allows the reader to find the relevant provisions and cross-references quickly and accurately. Quick answers, as well as in-depth explanations: The text is structured to provide the answers first. Then supplement this with the underlying purpose and rationale for the rules. This allows the reader the ability to locate the correct law quickly, but also allows the reader to delve further into the law if desired

    Contracts for the Sale of Goods delivers a detailed analysis and in-depth comparison of the substantive law for the sale of goods in domestic and international transactions. Practitioners, academics, and anyone involved in the sale or purchase of goods in the international market will need this thorough analysis of both the text of the United Nations Convention on Contracts for the International Sale of Goods (CISF) and the cases that have addressed and interpreted the CISG.Contracts for the Sale of Goods provides a complete discussion and comparison of the UNIDROIT Principles of International Commercial Contracts including the new provisions on setoff, assignment, and limitation periods, as well as a comparative treatment of the CISG and the UNIDROIT Principles to the articles of the Uniform Commercial Code. Both practitioners and academics will find the clarity and ease of access useful to the comparative legal analysis in this book. Of particular note is the style and format which allows the reader to find the relevant provisions and cross-references quickly and accurately. Contracts for the Sale of Goods provides you with all relevant materials in one source, with the text following the structure of the Convention for clarity and convenience Access the Incoterms 2000, the complete texts of Article Two and the PIC, and a list of parties to the CISG. Moreover, the text is structured to provide the answers first, then supplement this with the underlying purpose and rationale for the rules. This allows the reader the ability to locate the correct law quickly, but also allows the reader to delve further into the law if desired.

    Readership: Academic Libraries, Law Professors and Students and Commercial Lawyers

  • TABLE OF CONTENTS
    INTRODUCTION
    The United Nations Convention on Contracts for the International Sale of Goods
    The Uniform Commercial Code and the Law of Sales
    The UNIDROIT Principles of International Commercial Law
    A Structural Comparison of Article Two, the Convention, and the UNIDROIT
    DETAILED COMPARISON OF THE CONVENTION, THE UNIDROIT PRINCIPLES, AND ARTICLE TWO OF THE U.C.C.
    Part I-Sphere of Application and General Provisions
    Chapter I-Sphere of Application
    Chapter II-General Provisions
    Part II-Formation of the Contract
    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 the Buyer
    Chapter IV-Passing of Risk
    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
    III. SETOFF
    IV. Limitation Periods
    V. Assignment of Rights and Transfer of Obligations
    VI. THE INTERNATIONAL CHAMBER OF COMMERCE: INCOTERMS 2000-THE TERMS AND THEIR USAGE
    Introduction
    Ex Works, (. . . named place)
    Main Carriage Unpaid
    Main Carriage Paid Group
    Arrival or Delivery Ex-Ship (Name port of arrival)
    VI. APPENDICES
    APPENDIX A ARTICLE TWO OF THE UCC
    UNIFORM COMMERCIAL CODE ARTICLE 2-SALES
    [As Amended in 2003]
    PART 1
    SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER
    PART 2
    FORM, FORMATION, TERMS AND READJUSTMENT OF CONTRACT; ELECTRONIC CONTRACTING
    PART 3
    GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
    PART 4
    TITLE, CREDITORS, AND GOOD-FAITH PURCHASERS
    PART 5
    PERFORMANCE
    PART 6
    BREACH, REPUDIATION, AND EXCUSE
    PART 7
    REMEDIES
    APPENDIX B UNIDROIT PRINCIPLES OF INTERNATIONAL CONTRACTS
    Preamble-Purpose of the Principles
    Chapter 1-General Provisions
    Article 1.1-Freedom of Contract
    Chapter 2-Formation
    Chapter 3-Validity
    Chapter 4-Interpretation
    Chapter 5-Content
    Chapter 6-Performance
    Section 1-Performance in General
    Section 2-Hardship
    Chapter 7-Non-Performance
    Section 1-Non-Performance in General
    Section 2-Right to Performance
    Section 3-Termination
    Section 4-Damages
    APPENDIX C TABLE OF CORRESPONDING PROVISIONS OF THE CISG, THE UNIDROIT PRINCIPLES AND THE UNIFORM COMMERCIAL CODE
    APPENDIX D PARTIES TO THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS

  • Henry Deeb Gabriel is the DeVan Daggett Professor of Law, Loyola University, New Orleans A nationally and internationally recognized expert in commercial law, he is an elected member of the Council of the International Institute for the Unification of Private Law (UNIDROIT), a member of the Working Group of Draft the Principles of International Commercial Law, and he serves as a delegate from the US to the UN Commission on International Trade Law. He was the reporter for the revisions of the sales and leases of the UCC as well as the chair of the revision committee to revise the articles on documents of title. An appointed member of the National Conference of Commissioners on Uniform State Laws, he also was on the drafting committee of the Uniform Electronic Transactions Act.

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