Ingeborg Schwenzer - Böcker

There are numerous practical challenges in the creation and enforcement of international commercial contracts for the sale of goods. Global Commercial Contracts provides an accessible but comprehensive overview of these challenges and the impact of various international instruments on these contracts.This book provides an introduction to the international law relevant to international commercial contracts and describe their effects in practical terms. It analyses the effect of the Convention on the International Sale of Goods (CISG), and the UNIDROIT Principles of International Commercial Contracts (PICC), highlighting their differences. The book also explores other essential international instruments including the UN Convention on the Use of Electronic Communications in International Commercial Contracts, the UN Convention on Limitation, Incoterms© 2020, UCP 600, and the URDG 750. The difficult topic of conflicts of laws is also examined and explained.Covering all aspects of international contracts, with emphasis on sale contracts, from formation and interpretation to dispute resolution, this new work fills a gap for an introductory guide on this fundamental topic.

There are numerous practical challenges in the creation and enforcement of international commercial contracts for the sale of goods. Global Commercial Contracts provides an accessible but comprehensive overview of these challenges and the impact of various international instruments on these contracts.This book provides an introduction to the international law relevant to international commercial contracts and describe their effects in practical terms. It analyses the effect of the Convention on the International Sale of Goods (CISG), and the UNIDROIT Principles of International Commercial Contracts (PICC), highlighting their differences. The book also explores other essential international instruments including the UN Convention on the Use of Electronic Communications in International Commercial Contracts, the UN Convention on Limitation, Incoterms© 2020, UCP 600, and the URDG 750. The difficult topic of conflicts of laws is also examined and explained.Covering all aspects of international contracts, with emphasis on sale contracts, from formation and interpretation to dispute resolution, this new work fills a gap for an introductory guide on this fundamental topic.

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© 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.

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.

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.

This is the 4th 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 will be particularly useful for students, international trade lawyers, and arbitration practitioners. 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® 2020. 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 issues arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects, and domestic laws. A companion website (bloomsbury.pub/international-sales-law) provides sample questions and answers, which students can use to test their knowledge.The analyses, cases, texts, and questions are designed to draw attention to the particular issues surrounding specific CISG provisions and to provoke careful consideration of possible solutions.For this reason, the book is especially suitable for students preparing for the Willem C Vis International Commercial Arbitration Moot.

This is the 4th 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 will be particularly useful for students, international trade lawyers, and arbitration practitioners. 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® 2020. 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 issues arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects, and domestic laws. A companion website (bloomsbury.pub/international-sales-law) provides sample questions and answers, which students can use to test their knowledge.The analyses, cases, texts, and questions are designed to draw attention to the particular issues surrounding specific CISG provisions and to provoke careful consideration of possible solutions.For this reason, the book is especially suitable for students preparing for the Willem C Vis International Commercial Arbitration Moot.

Peter Schlechtriem gilt als einer der führenden Wissenschaftler im Bereich des Einheitsrechts, der Rechtsvergleichung und des Obligationenrechts. Entsprechend international ist auch der Kreis der Autoren, die zu dieser Festschrift anläßlich seines 70. Geburtstages beigetragen haben. Die führenden Vertreter insbesondere der Rechtsvergleichung aus zwölf verschiedenen Ländern - von Europa über USA und Neuseeland bis Japan - beschäftigen sich hier mit grundlegenden Rechtsfragen, die sich im 21. Jahrhundert stellen. Neben methodischen Problemen der Rechtsvergleichung und der Rechtsangleichung liegt der Schwerpunkt der Beiträge vor allem im Bereich des Einheitsrechts und des vergleichenden Obligationenrechts. Wirtschafts- und gesellschaftsrechtliche sowie sachenrechtliche Beiträge runden das Bild ab.

Stockholm Centre for Commercial Law (SCCL) arranged a meeting in Stockholm on 23–24 October 2009 following the Swedish presidency CFR conference, which was held in Stockholm on 22–23 October and organized by the Swedish government. The topic at the meeting was to discuss a proposal from Professor Christian von Bar and Professor Hans Schulte-Nölke, on how to continue the important work conducted by, inter alia, the Study Group on a European Civil Code and the Acquis Group. The continuance of this work could be organized by establishing either a European Law Forum or an informal organisation. The form for this continued work has, for some considerable time, been the subject of lively discussions amongst those interested.

This publication contains writings concerning the themes presented and discussed during the meeting. Many of the leading experts in the field attended the meeting.

Table of Contents Does business want a Common Frame of Reference? Paul Abbiati

Is the Draft Frame of Reference compatible with the Position of the Council? - How should the Academic Research be continued? Christian von Bar

Topic 2: The Content of the political CFR – how to prioritise Hugh Beale

Discours d’ouverture, conférence « un cadre commun de référence pour le droit européen des contrats » Jean-Marie Bockel

Do we need specifically European optional instruments for international business transactions? Michael Joachim Bonell

Why the “optional instrument” is not our option Tomáš Břicháček

Informations d’ordre général sur le travail de la Commission relatif au cadre de Référence, ainsi que la voie à suivre Alain Brun

The relationship between the Political frame of reference (PFR) and the consumer acquis Bénédicte Fauvarque-Cosson

Some Aspects on the Position of the CCBE on the DCFR Friedrich Graf von Westphalen

The Common Frame of Reference as a basis for future harmonisation of the law of sale and lease of goods Johnny Herre

A Plea for a Binding Instrument Ole Lando

Erwartungen an den politischen Referenzrahmen Klaus-Heiner Lehne

The results of the discussions in the Council and the future political work with the frame of reference Tanja Rasmusson

Drafting new model rules on sales: CFR as an alternative to the CISG? Ingeborg Schwenzer & Pascal Hachem

Do we need a codification? Leif Sevón

Is non-contractual liability arising out of damage caused to another a natural part of a political frame of reference? Lena Sisula-Tulokas

The (Draft) Common Frame of Reference as a toolbox and as a basis for an optional instrument Matthias E. Storme

Common Frame of Reference and UNIDROIT Principles of International Commercial Contracts: Coexistence, Competition, or Overkill of Soft Law? Stefan Vogenauer

Contents:

Conflict of Laws Regarding Liability Allocation between Insurers in Cases of Double Insurance by Michael Bogdan

The Rise and Rise of Standard Form Contracts: International Commodity Sales 1800-1970 by Ross Cranston

Is the Lex Mercatoria Autonomous? by Roy Goode

Letters of commitment and loan agreements by Lars Gorton

Law of business in transition in Hungary by Attila Harmathy

Commercial Law: is it Special? by Ewoud Hondius

A Roadmap to Economic Development through Law: Third Parties and Comparative Legal Culture by Boris Kozolchyk

Last Shot vs. Knock Out – Still Battle over the Battle of Forms Under the CISG by Ulrich Magnus

Directive 2000/35 of 29 June 2000 on combating late payment in commercial transactions: the period for payment (art. 3.1 b) by Pilar Perales Viscasillas

Electronic Communications and Incoterms 2000 by Jan Ramberg

Calculation of damages in case of anticipatory breach under the CISG by Peter Schlechtriem

Ethical Values and International Sales Contracts by Ingeborg Schwenzer & Benjamin Leisinger

The Globalization of Law and its Limitations, with Particular Reference to the Globalization of Commercial Law by Jacob Ziegel

The CISG Part II Conference was held in Stockholm on 4–5 September 2008. The Conference was held in honour and remembrance of the late Supreme Court Justice Hans-Gunnar Solerud, the first chairman of the Stockholm Centre for Commercial Law. The Conference was organised by the Stockholm Centre for Commercial Law in co-operation with the Swedish Ministry of Justice.

CONTENTS: - The CISG from a Common Law Perspective Michael Bridge

- Scandinavian Contract Law and its Implication on CISG – the Danish Approach Torsten Iversen

- Changes proposed in the Nordic stance on the CISG Jan Kleineman and Tom Madell

- CISG Case Law and the Scandinavian Part II Reservations - Some Reflections on the CISG Part II Conference at the University of Stockholm, 4–5 September 2008 Joseph Lookofsky

- The Scandinavian Reservation under Art. 92 CISG Ulrich Magnus

- The Effect of CISG on Swedish Contract Law – now and in the Future Jan Ramberg

- CISG – a Uniform Law within the Sphere of Conflict of Laws Carolina Saf

- The CISG – A Story of Worldwide Success Ingeborg Schwenzer and Pascal Hachem

- Scandinavian Contract Law and its Implication on CISG – The Finnish Approach Leif Sevón

- Nordic hesitancy regarding Part II of the CISG Lena Sisula-Tulokas