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Journal articles on the topic 'Contracts for the International Sales of Goods'
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1
Germain, Claire M. "The United Nations Convention on Contracts for the International Sale of Goods: Guide to Research and Literature." International Journal of Legal Information 24, no. 1 (1996): 48–70. http://dx.doi.org/10.1017/s0731126500000068.
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On January 1, 1988, the United Nations Convention on Contracts for the International Sale of Goods (the Convention) became effective in the United States. In general, the Convention (also referred to as the “Vienna Sales Convention,” the “Sales Convention,” the “CISG,” or the “UN Convention”) applies to contracts for the sale of goods between enterprises having their places of business in different countries, provided these countries have adopted the Convention. Freedom of contract, however, is a fundamental principle of the Convention, and the parties may opt out or modify the effects of its provisions.
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Akhmetshin, Elvir, and Kseniya Kovalenko. "Essential terms of the contract of carriage of goods." MATEC Web of Conferences 239 (2018): 03006. http://dx.doi.org/10.1051/matecconf/201823903006.
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The specifics of the contract of carriage of goods and its difference from other types of contracts used in the sale of goods and services are considered. Application of the contract of carriage of goods for the regulation of large-scale and long-term relations, and also relations between the branches of the economy and the regions of the country are considered. This is of practical importance and is necessary due to the fact that the specifically dedicated norms are applied to each contract along with the norms common to all sales contracts. At the same time, the legal characteristic of economic contract depends not only on the name assigned to it by the parties but also on those rights and obligations that the parties have determined in the contract. However, the functions performed and the role of each of the types of transport contracts cannot be unambiguous. In the article, the factors affecting the transport service of international business transactions are considered.
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Wójtowicz, Ewa. "Sprzedaż konsumencka w Konwencji wiedeńskiej o umowach międzynarodowej sprzedaży towarów i w kodeksie cywilnym." Przegląd Prawa i Administracji 112 (August 2, 2018): 245–58. http://dx.doi.org/10.19195/0137-1134.112.16.
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CONSUMER SALES IN THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND IN THE CIVIL CODEThe article presents the concept of consumer sales and consumer sales in the regulation of the United Nations Convention on Contracts for the International Sale of Goods and the definition of consumer sales in the Polish Civil Code along with a comparison of these two regulations. It indicates some inconsistencies between Polish law and the Convention as well as their possible consequences and it proposes methods of their elimination.
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Coetzee, Juana. "A Pluralist Approach to the Law of International Sales." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (April 3, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1355.
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International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to differences in legal systems which act as a non-tariff barrier to trade. This article focuses on the private law framework regulating international contracts of sale. During the twentieth century, the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement. Because of gaps that exist in the CISG the Swiss government made a proposal for a new global contract law. But is this a feasible solution to the fragmentary state of international trade law? In Europe, signs of reluctance are setting in towards further harmonisation efforts. The Proposal for a Common European Sales Law (CESL) was recently withdrawn, and now Britain has voted to leave the European Union; rumour having it that more countries might follow. The current private law framework for international sales contracts consists of a hybrid system where international, national, state and non-state law function side by side. This article submits that universalism is not per se the most efficient approach to the regulation of international sales law and that economic forces require a more varied approach for business-to-business transactions. The biggest challenge, however, would be to manage global legal pluralism. It is concluded that contractual parties, the courts and arbitral tribunals can effectively manage pluralism on a case-by-case basis.
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Schwenzer, Ingeborg. "Force Majeure and Hardship in International Sales Contracts." Victoria University of Wellington Law Review 39, no. 4 (2008): 709. http://dx.doi.org/10.26686/vuwlr.v39i4.5487.
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This article takes an analytical look of the concepts of force majeure and hardship when attempting to extract oneself from an agreement. The article starts off with a brief summary of their historical background and their presence in various domestic legal systems, such as France, Germany and the Netherlands. It goes on to examine the Convention on the International Sale of Goods (CISG) which does not have force majeure and hardship provisions but does have a provision that has the same effect. The article goes on to describe the requirements for avoiding liability in international sales contracts and concludes with the consequences of force majeure and hardship.
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Abadi, Mohsen Hodssein, and Alireza Azadi Kalkoshki. "Loss Compensation Practices in International Sales." Journal of Politics and Law 10, no. 4 (2017): 118. http://dx.doi.org/10.5539/jpl.v10n4p118.
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By concluding any sale, its results works are swiped salesperson and the buyer. The origin of these commitments and traces should be considered the will rule in the conclusion. The contract parties are obliged to do something or refuse to take the current. The commitments of the parties to perform the contract content is interpreted "contractual liability". Contract terms and principles and its loss compensation remedies in international sales conventions of goods and rights of Iran and some countries such as France, Egypt, Lebanon don’t have the greatest difference and hasn’t seen any major hurdle in the way of Iran to join the Convention. Because of the methods of loss calendar and the conditions of its time and site setting in the Convention is workable in the Rights of Iran. But some of the ways to compensate for damages caused by contract defects that are not predicted in the International Convention such as paying the interest are not accepted in Iranian laws. Compensation for damages arising from the breach of contractual obligations needs to be injured in a position that if the obligation was done under the contract, have been fixed in that situation. In the international commercial contracts, principles of the private law unification institute, this attitude is acceptable and based on this, the theory of full compensation of damage is accepted. In this article, collecting information is done using the library method and going directly to the applied resources and obtained data have been studied using analytical-description method of loss compensation.
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Atamer, Yeşim M. "Replacement of non-conforming goods ‘free of charge’: is there a need to differentiate between B2B and B2C sales contracts?" Uniform Law Review 25, no. 1 (2020): 67–91. http://dx.doi.org/10.1093/ulr/unaa005.
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Abstract The buyer’s right to request replacement of any non-conforming goods is today a standard remedy in many jurisdictions. This development was also influenced by the widespread effect of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Council Directive (EC) 1999/44 on consumer sales, which both grant the buyer a right to replacement. However, some questions related to the requirement that replacement has to be ‘free of charge’ continue to be disputed under both legal systems, as well as under the newly introduced Council Directive (EC) 2019/22 on consumer sales. This article intends to discuss how the term ‘free of charge’ is being interpreted in business-to-business as well as in business-to-consumer sales contracts and whether there is any need to differentiate between the two types of sales contracts.
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Abadi, Mohsen Hodssein, and Alireza Azadi Kalkoshki. "Delivery of Goods on International Sales." Journal of Politics and Law 10, no. 4 (2017): 100. http://dx.doi.org/10.5539/jpl.v10n4p100.
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Commitment to delivery of goods that are addressed in the materials 30 to 44 of the International Sale convention is a fundamental obligation of the seller that Article 30 stipulates that the seller must deliver the goods, hand over any documents relating to them and transfer the property in the goods, as required by the contract and this Convention. According to this article we can be divided sale person in three categories: Transfer the property of the goods, Delivery of the Goods, Handing over of Documents.Two other obligations that are not expressly stated in this article and during other material during the Convention (Articles 35 and 41) are mentioned and they should also be added to the vendor obligations are included: " Conformity of the Goods and the product immunity from claims of third parties which the following discussion will be addressed and finally transfer Of Risk which in many cases is to give the product will be a close relationship.
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Lorenz, Werner. "Reform of the German Law of Breach of Contract." Edinburgh Law Review 1, no. 3 (1997): 317–44. http://dx.doi.org/10.3366/elr.1997.1.3.317.
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This paper, first presented on 21 October 1995 at a joint seminar of the Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, considers the proposed reforms of German law in this area. The paper first surveys some of the problems of the existing law, highlighting its lack of a unitary concept of breach, gaps with regard to liability for breach of pre-contractual duties and contract modification owing to change of circumstances, difficulties arising from the special treatment of sales contracts and contracts for work and labour, and the mutual exclusivity of rescission and damages. Many difficulties arise from the operation of the law of prescription in the field. It is observed that the Vienna Convention on International Sales of Goods was ratified by Germany in 1991, making it desirable for reform to be consistent with the Convention. The reform proposals put forward in 1992 include a unitary concept of breach, modification of the fault principle, priority for specific implement, adjustment of the rules on termination to permit cumulation with damages and restitution, and changes with regard to the law of sales and contracts for work and labour. If implemented these will bring the German Civil Code into line with case-law developments as well as those in the international law of sales.
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Kovač, Mitja. "Duty to renegotiate in international commercial law and uncontemplated behavioural effects." Maastricht Journal of European and Comparative Law 27, no. 4 (2020): 445–64. http://dx.doi.org/10.1177/1023263x20937212.
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This paper explores possible uncontemplated effects and behavioural implications created by duty-to-negotiate provisions in international instruments. More precisely, the paper considers how five different international instruments approach the subject, namely the Convention on Contracts for the International Sale of Goods (CISG), UNIDROIT Principles of International Commercial Contracts (PICC), Principles of European Contract Law (PECL), Draft Common Frame of Reference (DCFR) and Common European Sales Law (CESL). The extent to which these international and European legal instruments correspond to recent economic and behavioural findings is examined. Moreover, an economically inspired analysis is conducted of the uncontemplated consequences of the duty to renegotiate that well-intended international lawmakers never anticipated. Further, it is suggested that game theoretical and behavioural reasons might exist for adopting a cautious approach to the duty to renegotiate in instances of unforeseen contingencies as found in the CISG as well as the English, German, US and Scottish law of contracts. JEL classification: C23, C26, C51, K42, O43
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Whittington, Nicholas. "Reconsidering Domestic Sale of Goods Remedies in Light of the CISG." Victoria University of Wellington Law Review 37, no. 3 (2006): 421. http://dx.doi.org/10.26686/vuwlr.v37i3.5576.
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This article suggests that New Zealand should overhaul the remedies available for breach of sale of goods contracts. It argues that the Sale of Goods Act 1908 should be repealed and the principles and provisions of the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG) should be adopted in its place. This would have the effect of eliminating the unnecessary distinction currently made between domestic and international sale of goods, and finally ridding the law of the condition-warranty distinction which has become out of date and leads to uncertainty and injustice. It is argued that the provisions of the CISG better respond to the transportation and communication costs and distances involved in international sales, considerations which are not insignificant in trade within New Zealand and, consequently, justify a similar approach domestically.
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Eiselen, Sieg. "The Requirements for the Inclusion of Standard Terms in International Sales Contracts." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 1 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2011/v14i1a2542.
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The problem dealing with the inclusion of standard terms and conditions in contracts is a problem that has engaged most legal systems. The United Nations Convention on Contracts for the International Sale of Goods, Vienna 1980 (CISG) does not expressly deal with this problem. Accordingly the solution to the issue must be found in an interpretation and application of the general principles found in articles 8, 14 and 18. One of the main objects of the CISG is the harmonisation of international trade law. It is generally recognised that in order to achieve harmonisation it is necessary that courts should interpret and apply the convention in a consistent and harmonious manner. Unfortunately a number of approaches have emerged from courts around the world in regard to the inclusion of standard terms. German courts have developed a strict approach which requires that the standard terms be made available to the addressee at the time of the conclusion of the contract. They also require that the standard terms be couched in the language of the main contract. In stark contrast an American court has used an approach which is very lax in regard to incorporation, even allowing incorporation after the conclusion of the contract. There is, however a more moderate approach set out in decisions of the Austrian Supreme Court where the court adopted an approach which is more akin to that found in most legal systems, namely that a clear incorporation clause in the contract is sufficient for the effective incorporation of standard terms. The author critically examines the case law, the various approaches and the underlying arguments on which they are based, before reaching the conclusion that the two extreme approaches should be rejected in favour of the more moderate approach. This approach is founded on a proper interpretation of the provisions of the CISG as well as being in step with international trade practice.
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Lookofsky, Joseph. "The CISG in Denmark and Danish Courts." Nordic Journal of International Law 80, no. 3 (2011): 295–320. http://dx.doi.org/10.1163/157181011x581182.
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AbstractIn this article the author explores key aspects of Denmark's reception and implementation of the 1980 United Nations Convention on Contracts for the International Sales of Goods (CISG). Placing the treaty within its larger private law context, the author explains the complexity and confusion created by Denmark's refusal to ratify Part II of the Convention that regulates sales contract formation. The author then proceeds to investigate Denmark's obligation to have regard to the international character of the Convention and the need to promote uniformity in its application, underlying the problematical relationship between these international obligations and the Danish judicial tradition of formulating premises so brief that they shed little light on the decision's underlying rationale (ratio decidendi). Following analysis and critique of three Danish CISG court judgments which help illustrate these propositions, the author proposes corrective steps designed to further a more international (and less parochial) approach to the CISG.
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Sharma, Rajeev. "The United Nations Convention on Contracts for the International Sale of Goods: The Canadian Experience." Victoria University of Wellington Law Review 36, no. 4 (2005): 847. http://dx.doi.org/10.26686/vuwlr.v36i4.5628.
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The author discusses the Canadian jurisprudence involving the application, or potential application, of the CISG. He concludes that the Canadian courts are beginning to implement the CISG, but that there is still a tendency to apply domestic law alongside, or even in preference to, the international sales law, even when this is not warranted.
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Lee, Byung Mun. "Formation of contracts for the international sale of goods under Korean law and the CISG." Journal of Korea Trade 21, no. 3 (2017): 208–23. http://dx.doi.org/10.1108/jkt-06-2017-0058.
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Purpose The purpose of this paper is to describe and analyze the rules on the formation of contracts under Korean law and the Contracts for the International Sale of Goods (CISG) in a comparative way and introduce the relevant proposed rules under the Amendment Draft of the Korean Civil Code (KCC). In addition, it attempts to compare and evaluate them in light of the discipline of comparative law. Design/methodology/approach In order to achieve the purposes of the study, it executes a comparative study of the rules as to the formation of contracts of the CISG, Korean law and the Amendment Draft of the KCC. The basic question for this comparative study is placed on whether a solution from one jurisdiction is more logical than the others and to what extent each jurisdiction has responded to protect the reasonable expectations of the parties in the rules as to the formation of contracts. Findings The comparative study finds that most of the rules under the CISG are quite plausible and logical and they are more or less well reflected in the proposals advanced by the KCC amendment committee. On the other hand, the other rules under the CISG which have brought criticisms in terms of their complexity and inconsistent case law invite us their revision or consistent interpretation. The drawbacks of the CISG have also been well responded in the Amendment Draft of the KCC. Nevertheless, it is quite unfortunate that the Amendment Draft of the KCC still has a rule that regards any purported performance with non-material alteration of the terms of an offer as an acceptance. Originality/value This study may provide legal and practical advice to both the seller and the buyer when they enter into a contract for international sales of goods. In addition, it may render us an insight into newly developed or developing rules in this area and show us how they interact with each other. Furthermore, it may be particularly useful in Korea where there is an ongoing discussion for revision of the KCC.
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Gojani, Skender, and Granit Curri. "Contract for international sale of goods – Cisg its importance and applicability." Technium Social Sciences Journal 21 (July 9, 2021): 527–33. http://dx.doi.org/10.47577/tssj.v21i1.3687.
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Contractual contests in international sale transactions mainly derive from languages, cultures, traditions, views and different legal terms of contractors in different countries worldwide. In international legal-business relations, problematic issues are inevitably outnumbered and different, thus, more difficult to be sovled. International legal-business transactions, on the other hand, are of particular importance, especially in the continuum and intences of political-economic globalization and integrations of the countries with more developed economy in different international structures such as European Union, etc. Legal regulation of sales transactions in international relations is, above all, practised with CISG, United Nations Organization Convention on International Sale of Goods which is extraordinarily important for the well-being and progress of international sales.
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Choong Lyong Ha. "The Writing Requirement of Contracts for International Sales of Goods: the CISG and the US Laws." International Commerce and Information Review 14, no. 4 (2012): 201–23. http://dx.doi.org/10.15798/kaici.14.4.201212.201.
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Stojanović, Đurđica M., and Jelena Ivetić. "Macrologistic performance and logistics commitments in sales contracts in international supply chains." International Journal of Logistics Management 31, no. 1 (2020): 59–76. http://dx.doi.org/10.1108/ijlm-12-2018-0323.
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PurposeThis study aims to illuminate the relationship between the logistic performance indexes (LPIs) of trade countries and sharing obligations related to logistics services in delivery among parties in international sales contracts.Design/methodology/approachA comprehensive one-year database of Serbian international trade flows is used. The LPIs of 148 countries are related to the Incoterms® rules in international sales contracts that designate the division of obligations between exporters and importers for moving goods. Empirical data were subjected to statistical analysis, where nonparametric correlation and inferential methods were applied. The differences between countries with the highest and lowest LPIs were also examined.FindingsLPIs positively correlate with logistics commitments in exports and imports. Their impact on the choice of Incoterms® rules differs among the groups of trade terms. Waterway and D-terms are the most sensitive. LPIs of trade countries clearly impact “emission” and “attraction” of the most extended sellers' delivery obligation “packages,” expressed in D rules.Research limitations/implicationsThe empirical data are limited to a single country. Further research must explore the relative impact of macrologistic factors on exporters and importers' logistics commitments for building better decision-making support tools.Practical implicationsThe results may support suppliers and buyers in sharing their experiences on Incoterms® practice and encourage more rational than intuitive decisions.Originality/valueThis is the first empirical study to quantitatively evidence the sensitivity of groups of Incoterms® rules on the macrologistic environment of trade countries.
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Novikova, Tatiana V. "Contract for the international sale of goods: Principle of autonomy of the will of parties within documents of the Hague Conference on Private International Law." Vestnik of Saint Petersburg University. Law 11, no. 4 (2020): 972–92. http://dx.doi.org/10.21638/spbu14.2020.409.
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The article is devoted to the analysis of legal regulation dealing with choice-of-law agreements by parties to international sale of goods contracts, namely in two documents of the Hague Conference on Private International Law: the Convention of 1955 on the Law Applicable to International Sales of Goods (in force) and the Convention of 1986 on the Law Applicable to Contracts for the International Sale of Goods (not yet in force). The Convention of 1955 sets a strict standard of autonomy of will (choice of a country’s domestic law; based only on the terms of the contract). Having a small number of participants and characterized by inconsistent law enforcement practice, this convention, nevertheless, is a valid legal instrument which Russian actors in the field of external trade should take into account when cooperating with nationals of member states. The Convention of 1986 establishes a substantively more liberal autonomy of will standard (change of the applicable law; demonstrated by the terms of the contract and the conduct of the parties in their entirety). However, many participants in the drafting procedure led to a wide range of views in regard to parties’ autonomy (including diametrically opposite ones). This resulted in a compromise nature of the solutions (and even the drafters’ direct refusal to address parties’ choice sensitive issues: choice of lex mercatoria, depecage) and, likely, an insufficient adoption for the Convention to enter into force. The Conventions’ basic principles (1955 — irrespective of having a few number of participants; 1986 — irrespective of not entering into force) have the potential for practical application in international commercial arbitration. In the case of parties’ autonomy, such an application would be limited to its recognition as far as the standard of the first is strict and somewhat outdated, whereas the standard of the second has been accepted in the framework of discord between states and avoids addressing sensitive issues in its implementation.
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Ditrih, Stefan, Svetlana Marković, and Olgica Milošević. "Change of Circumstances and Force Majeure Clauses in Serbian Legal System and Sources of International Uniform Law." Economic Themes 57, no. 1 (2019): 67–86. http://dx.doi.org/10.2478/ethemes-2019-0005.
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AbstractThe effects of globalisation are many. One of them is the effect that globalisation has on commercial contracts and contractual relations between contracting parties. Due to a fast pace of economy and the speed and volume of the conclusion of contracts in international trade, participants must rely on stable and reliable legal framework for contractual obligations. In globalised economy, traders from different countries bring with them individual trade practices and norms of national legislation, often diametrically opposed, and sometimes the legal institutes that are regulated in one country don’t even exist in another. This is the case with the institutes of force majeure and a change of circumstances. Due to large differences in the regulation of these two institutes in national legal systems, there have been demonstrated some attempts of standardisation and creation of a unified system of exemption from liability for non-performance, due to force majeure or a change of circumstances. This problem becomes even more evident when dealing with the long term contracts, which are prone to the effects of unforeseen circumstances. This paper aims to explore the nature of the above mentioned legal institutes in some of the most important sources of international commercial law. With a special attention paid to the Serbian regulatory solutions, in order to further understand the similarities and differences between the national legal systems and sources of international law. The first part of the paper deals with applicable legal framework in Republic of Serbia, concerning force majeure and a change of circumstances. The second part of the paper deals with the international sources of commercial law, such as UN Convention on Contracts for the International Sale of Goods of 1980; UNIDROIT Principles of International Commercial Contracts; Principles of European Contract Law; Draft Common Frame of Reference; and Common European Sales Law.
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Schwenzer, Ingeborg. "The Danger of Domestic Pre-Conceived Views with Respect to the Uniform Interpretation of the CISG: The Question of Avoidance In the Case of Non-Conforming Goods and Documents." Victoria University of Wellington Law Review 36, no. 4 (2019): 795. http://dx.doi.org/10.26686/vuwlr.v36i4.5626.
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Professor Schwenzer compares common law notions about a party's ability to avoid a sales contract with the position under article 49 of the Convention on the International Sale of Goods. Having noted that the approach of the CSIG has given rise to criticism, she then argues that such criticism is unfounded and that, moreover, the CSIG's provisions reflect the reality of international sales practice and case law.
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Nguru, Aristide Kahindo. "THE ATTITUDE OF OHADA LAW COUNTRIES TOWARDS THE CISG." Journal of Law, Society and Development 3, no. 1 (2016): 99–114. http://dx.doi.org/10.25159/2520-9515/1090.
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Disparities in national laws are likely to result in uncertainty which, in turn, creates obstacles to international commerce. It is acknowledged that strong investment flows cannot be achieved without a secure legal and commercial environment. Mindful of such a need, states decided to harmonise sales law internationally. To this end, in 1980 they adopted the United Nations Convention on Contracts for the International Sale of Goods known as the Vienna Sales Convention or the CISG. The CISG has led a number of countries, including the Organisation for the Harmonisation of Business Law in Africa (OHADA) law states, to modernise their local sales law. However, only three of 17 countries that constitute the OHADA community have ratified the CISG. OHADA law countries give the impression of favouring a more regional approach to the unification of sales law rather than the CISG’s global approach by implementing a local Commercial Uniform Act. Their indifference towards the CISG is not without consequences for commerce in the OHADA region. This article seeks to demonstrate that the lack of ratification of a universal convention, as for example the CISG, poses a danger to commercial dealings. It also intends to show that the CISG is not hostile to regional uniform sales laws of the OHADA Commercial Uniform Act type. It concludes that OHADA countries do not need to be afraid of their acceptance of the CISG and recommends that it be ratified.
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GARDAZI, SYED MUDASSER FIDA, MUHAMMAD ASIM IQBAL, and HAFIZ MUHAMMAD USMAN NAWAZ. "Price Reduction in Vienna Sales Convention and Compatibility Check in Sale of Goods Act of Pakistan." International Review of Management and Business Research 10, no. 1 (2021): 367–74. http://dx.doi.org/10.30543/10-1(2021)-32.
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Price reduction is one of the civil law remedies incorporated in the Vienna sales convention. On the other hand, Pakistan is neither the signatory of the convention nor its national sales law posses this remedy. Therefore a research is highly required to fill this vacuum and find out a solution for international buyer who is involved in trade with parties in Pakistan. Thus the study aims to investigate the suitability of price reduction in compatibility with existing legal regime. The study reveals the raison d'être in contract making via relative analysis of the existence of price reduction as an assurance for performance and certainty. The results depict that adding price reduction as remedy will be a good legal cover to the buyer's claims and a better response to the business practices in Pakistan. Especially, where the buyer is facing difficulties to prove his loss he may simply opt to reduce the price. Hence, study recommends that introducing the 'price reduction' as a remedy in the local legal system will enhance the confidence of a commercial buyer from the international community. Keywords: Sale of Goods, CISG, Price Reduction, Remedy.
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SELANİK, Atakan Adem, Orkun BAYRAM, and Işılay TALAY DEĞİRMENCİ. "Historical Development and Implementation Area of the Vienna Sales Agreement (Contract for the International Sale of Goods (CISG))." Gaziantep University Journal of Social Sciences 17, no. 4 (2018): 1335–49. http://dx.doi.org/10.21547/jss.430051.
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Braun, Eduardo Luiz, Giancarlo Medeiros Pereira, Miguel Afonso Sellitto, and Miriam Borchardt. "Value co-creation in maintenance services: case study in the mechanical industry." Business Process Management Journal 23, no. 5 (2017): 984–99. http://dx.doi.org/10.1108/bpmj-09-2014-0090.
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Purpose The purpose of this paper is to analyze a contract-based relationship for value co-creation and gain-sharing between two companies for the purpose of industrial maintenance services. After five years of good results for both parties, the relationship was terminated, thus raising questions regarding on the actual gains shared by both partners from joint actions. Design/methodology/approach The research method is the longitudinal case study. The research question is: why would a contractual relationship of co-creation of value be terminated given the fact that it yielded good financial results for both parts over the course of five years? The main research techniques were structured interviews with relevant actors and documental analysis from both parts involved in the contract. Findings Even valuable contracts can be terminated if the external scenario changes significantly: it matters very little the good job done together if the result became poor due to external reasons, as buyer’s sales drop in the period. In the inner scenario, mistruth can arise if the buyer maintains parallel structures for performing similar tasks to those of the service provider, showing some kind of independence from the supplier. Research limitations/implications The main limitation is that inherent to case studies: the lack of generalization. Practical implications When companies decide to contract regular long-term maintenance services, preventions to revenue reductions of the main activity the must be present, for the continuity of the contract. Originality/value To the date of this research, no similar study was found, regarding the influence of the external results in the internal relationships in co-creation value contracts.
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Ishida, Yasutoshi. "Identifying Fundamental Breach of Article 25 and 49 of the CISG: The Good Faith Duty of Collaborative Efforts to Cure Defects - Make the Parties Draw a Line in the Sand of Substantiality." Michigan Journal of International Law, no. 41.1 (2020): 63. http://dx.doi.org/10.36642/mjil.41.1.identifying.
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Article 49(1) of the CISG allows buyers of international goods to avoid their sales contracts “if the failure by the seller to perform . . . amounts to a fundamental breach.” A breach is “fundamental,” as defined by CISG article 25, when it causes the buyer such detriment “as substantially to deprive him of what he is entitled to expect under the contract.” This definition is followed by the so-called “foreseeability test,” an “unless” clause that excepts the situation where “the party in breach did not foresee[,] and a reasonable person of the same kind in the same circumstances would not have foreseen[,] such a result.” There are two long-standing and daunting problems in the interpretation of article 25. The first problem lies in the foreseeability test. The second problem lies in how “substantially deprived” the buyer must be for the seller’s breach to become fundamental. This article attempts to provide parties and judges with an alternative solution to interpreting articles 25 and 49: Determining the existence of a fundamental breach by evaluating the success of the parties’ own attempts to cure. In analyzing this solution, this article argues that article 7(1)’s good faith requirement obliges the parties to collaboratively attempt to cure. Thus, where a buyer fails to meet her good faith obligations to cure, there is no fundamental breach, disincentivizing buyers from opportunistic avoidance. But where the seller fails to meet his good faith obligations to cure (or makes good faith efforts but does not succeed), there is a fundamental breach that permits avoidance. This incentivizes sellers to right their deliveries, and it correctly allows buyers to avoid contracts where they cannot get any other relief. This theory, therefore, replaces an irrational test with a rational one. Because it allows avoidance only where societally and economically beneficial, it should be of much use to courts and parties alike than the former foreseeability test.
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Lomnicka, Eva. "Uniform Sales Law. The UN Convention on Contracts for the International Sale of Goods. By Peter Schlechtriem. [Vienna: Manz. 1986. 162 pp. ASch. 325/DM 46.50]." International and Comparative Law Quarterly 37, no. 4 (1988): 1034–35. http://dx.doi.org/10.1093/iclqaj/37.4.1034.
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Slakoper, Zvonimir, and Josip Dešić. "Jednostrani raskid kupoprodajnog ugovora poslije dospijeća obveza strana prema Konvenciji UN o međunarodnoj prodaji robe." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, no. 1 (2020): 195–217. http://dx.doi.org/10.30925/zpfsr.41.1.9.
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The paper deals with avoidance of a contract of sale after the maturity of the parties' obligations under the UN Convention on the International Sale of Goods (The Vienna Convention). The Vienna Convention is a multilateral treaty establishing a unified legal regime for cross-border sales of goods, which form the backbone of international trade. The Vienna Convention is therefore considered to be one of the fundamental conventions of international commercial law, that is in force in 93 countries from all legal traditions and levels of economic development, which together represent more than two thirds of the global economy, which has greatly contributed to the harmonization of international trade law and the increase degree of legal certainty in international trade. In an effort to be acceptable to different legal systems, the Vienna Convention has largely deviated from the solutions of national rights and legal circles and created autonomous concepts and solutions. Special creative solutions were foreseen for the avoidance of the contract. The paper specifically analyzes avoidance in case of fundamental breach of contract, avoidance in case of the failure to comply with the additional deadline, avoidance in case of non-compliance, as well as avoidance because of the rights or claims of third parties. Particular attention is paid to complete and partial avoidance and avoidance in successive deliveries.
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Fayyad, Mahmoud. "Fundamental Breach of Contract in Terms of the UN Sales Convention and Emirates Law: A Comparative Legal Study." Arab Law Quarterly 33, no. 2 (2019): 109–51. http://dx.doi.org/10.1163/15730255-12332008.
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Abstract The UAE launched its National Vision 2021 in 2010, which ‘sets the key themes for the socio-economic development of the UAE’ and calls for ‘a shift to a diversified and knowledge-based economy’. It focuses on the UAE becoming the economic and commercial capital for more than two billion people by transitioning to a knowledge-based economy. The success of the vision requires the State to join the United National Convention of Trade in Goods, which is the most important convention in this field. Until now, the national lawmaker has refrained from joining the Convention, believing that the Convention prevails to the interests of the seller party. As fundamental breach is a momentous concept of the terms of the Convention, this article will attempt to draw similarities and distinctions between national law and the United Nations Convention for the International Sales of Goods (CISG) in terms of the principle of fundamental breach.
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Kolsky Lewis, Meredith. "Comments on Luke Nottage's Paper." Victoria University of Wellington Law Review 36, no. 4 (2005): 859. http://dx.doi.org/10.26686/vuwlr.v36i4.5618.
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The author comments on Luke Nottage's paper found in this volume (Luke Nottage "Who's Afraid of the Vienna Sales Convention (CISG)? A New Zealander's View from Australia and Japan" (2005) 36 VUWLR 815). The author first identifies additional factors as to why the Convention on Contracts for the International Sale of Goods ('CISG') may be opted out of in the United States: its lack of a duty of good faith, its narrow scope, and its uncertainty of outcome. However, the author argues that we should be more optimistic about the use of the CISG in the US. First, the US is an original signatory. Secondly, Americans may come to accept the CISG more as their exposure to it grows. Thirdly, a lack of reported US cases involving the CISG does not necessarily mean it is not being used – it purely indicates a lack of litigation. Fourthly, the CISG not being used may speak more about who the US are doing business with. Finally, the numbers show that the CISG is being used frequently. The author therefore concludes that we should be optimistic about the use of the CISG in the United States, and expects its use will increase over time.
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Mazambani, Last, Tariro Juliet Rushwaya, and Emmanuel Mutambara. "Financial inclusion: disrupted liquidity and redundancy of mobile money agents in Zimbabwe." Investment Management and Financial Innovations 15, no. 3 (2018): 131–42. http://dx.doi.org/10.21511/imfi.15(3).2018.11.
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Mobile money agents (MMAs) are the pedestal of inclusive finance by bringing financial services closer to unbanked people by offering them capabilities to move from cash to electronic money and vice versa. This function is effective in an environment where hard cash is in uninterrupted circulation. The aim of this paper is to investigate implications of cash liquidity challenges in Zimbabwe to the development of financial inclusion through MMAs in a rural set-up. Phenomenological in-depth interviews were conducted with MMAs. Due to national liquidity challenges, MMAs ceased to receive cash float support, limiting their cash-in and cash-out services. Pure agents were adversely affected, while those who operate retail goods services reported increased goods sales through mobile money point-of-sale payments. Consumers are restricted to deal in electronic funds in the cashless economy making the cash-in and cash-out function of MMAs redundant. MMAs need support to sustain their operations and recoup invested capital in infrastructure. Risk management strategies, including the principal-agent contracts that minimize the exposure of MMAs to disruption of the service are important. MMAs could form an association to lobby financial regulators for support, negotiation with principals, market research, political power and active participation of agents in deepening financial inclusion. Perhaps pure MMAs could improve their economic sustainability by diversifying their businesses.
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Herman, Shael. "Specific Performance: A Comparative Analysis (2)." Edinburgh Law Review 7, no. 2 (2003): 194–217. http://dx.doi.org/10.3366/elr.2003.7.2.194.
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The first part of this article appeared in the first issue of this volume of the Edinburgh Law Review. The article explores the regulation of specific performance of sales by reference to Spain and the USA and speculates on the interaction of these municipal laws with the United Nations Convention on Contracts for the International Sale of Goods (CISG). The first part compared Spanish and United States approaches to specific performance. In this second part the CISG's approach to specific performance is examined with the goal of inquiring, on one hand, whether the drafters have successfully accounted for both Anglo-American and Romano-Germanic preferences, or, on the other hand, whether the CISG's synthesis of the preferences is faulty and manifests incompatible goals that may be difficult to harmonise. Recent US decisions on specific performance under the CISG are discussed as well as some of the assumptions underlying the reasoning processes of US courts in commercial cases. The final section speculates on reasons for the intensity of the rivalry between proponents of specific performance as a primary remedy and those favouring damages as a primary remedy.
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Kravet, Donald J. "Islamic Republic of Iran v. United States." American Journal of International Law 83, no. 1 (1989): 103–6. http://dx.doi.org/10.2307/2202798.
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In Claim 4, one of several in Case No. Bl before the Iran-United States Claims Tribunal, claimant, the Islamic Republic of Iran, sought to recover from the United States possession of certain military equipment that had been sold to Iran pursuant to contracts forming part of the U.S. “Foreign Military Sales” (FMS) program. In the alternative, Iran sought compensation from the United States in the amount of U.S. $143,290,948, plus interest, for the alleged replacement value of the property at issue. In this partial award, the Full Tribunal held: that the United States was not obliged to deliver the equipment and that Iran’s request for specific performance must be denied, but that the United States was still required to compensate Iran for the value of the properties as of March 26, 1981, the date the United States communicated its decision not to permit their export to Iran. The Tribunal did not make an award of damages at this stage, since neither party had provided evidence as to the value of the goods on that date. American Arbitrators Howard H. Holtzmann and Charles N. Brower each filed an opinion concurring in part and dissenting in pArt. The three Iranian arbitrators concurred in the award, but without filing an opinion.
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Praštalo, Tanja, and Dušanka Đurđev. "Compensation for damages due to a failure to perform a contractual obligation in a purchase and sales contract in foreign trade operations." Pravo - teorija i praksa 37, no. 3 (2020): 27–43. http://dx.doi.org/10.5937/ptp2003027p.
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One of the oldest human activities is the trade of goods, services, money and other property values both within a country and abroad. Foreign trade business has an exceptional importance for socio-economic relations between countries. Each state independently regulates the trade of goods and services. However, no state economy is self-sufficient, so its need to join the international markets is quite justified. Through a mutual trade cooperation, states transfer the effects of the concluded agreements beyond their borders, and the need for the unification of certain norms is absolutely necessary, as well as the regulation of the issue of a breach of contractual obligation and compensation for damages as a consequence resulting from such a thing. Some countries have a fear of ratifying the international rules, because they think that the accepted solutions would be contrary to their national legislation. There is mentioned only one of the reasons for the states resistance, as well as the difficulties in achieving the unique acceptable solution. This paper analyzes the concept, the importance of foreign trade business for countries, then the rights and obligations of the contracting parties and the compensation for damage due to a breach of a contractual obligation by non-performance in the sales contract.
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DULHEROVA, Nadiia, and Vlasta SHVAHIREVA. "Legal basis for the use of e-commerce when entering international markets." Economics. Finances. Law, no. 5/3 (May 29, 2020): 17–19. http://dx.doi.org/10.37634/efp.2020.5(3).4.
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The paper is devoted to the study of e-commerce as an innovative way to implement a wide range of commercial relations remotely, and the readiness of the legal framework of the international community and Ukraine in particular to abandon traditional forms of doing business in favor of its digitalization. The paper examines US e-commerce law as a reference example of the progressive legal field of relationships emerging on the Internet. The paper reveals the key stages of development of e-commerce and the implementation of commercial relations in general. The paper also considers the regulations of governing the main aspects of e-commerce. The paper pays special attention to the analysis of the identification of obstacles and readiness of the international and Ukrainian legal framework for the formation of a safe environment for the free implementation of e-commerce. Аs the role of e-commerce in international trade is significant. In some countries, it reaches more than 50% of all purchases (for example, the United States and the United Kingdom). The future of international trade is closely linked to the development of e-commerce, as its advantages are obvious over traditional forms of trade. Evidence of this can be the forecasts of analysts. E-commerce in international trade today plays an important role, as the Internet has become an effective intermediary between merchants around the world. International transactions in goods and services have been transformed throughout the supply chain. E-commerce is a major driver of economic growth in both developed and developing countries. The low cost of concluding contracts on the Internet allows companies of all sizes to expand their sales abroad and look for suppliers through Internet commerce. But the integration of information and communication technologies (ICT) into international business operations provides new opportunities and new challenges for businesses, governments, consumers and international organizations.
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Perovic, Jelena. "Raskid ugovora prema Konvenciji UN o medjunarodnoj prodaji robe." Ekonomski anali 43, no. 155 (2002): 163–77. http://dx.doi.org/10.2298/eka0205163p.
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The breach of a international sales contract by one party gives the other party a right to recover damages, but we are here concerned with more specialized remedy - avoidance of the contract. In the UN Convention on the International Sale of Goods (CISG) as in national legal systems, avoidance is not available for every breach of contract. The question whether the party affected by the disturbance may avoid the contract instead of being restricted to a claim for damages or other remedies with the contract continuing in force, depends of the seriousness of the breach of contractual obligation. In the Convention, a party may avoid the contract when the other party commits a 'fundamental breach'. The party affected by breach must suffer a detriment which must be such 'as substantially to deprive him of what he is entitled to expect under the contract unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result'. The definition of 'fundamental breach of contract', as a fruit of world-wide compromise, is not always easy to apply both for the parties and the judges and it's notions of 'substantial detriment' and 'foreseeability' may give rise to divergent judicial interpretation and application. .
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Kornet, Nicole. "Book Review: Schlechtriem and Schwenzer: Commentary on the UN Convention on the International Sale of Goods (CISG), Global Sales and Contract Law." Maastricht Journal of European and Comparative Law 19, no. 3 (2012): 443–46. http://dx.doi.org/10.1177/1023263x1201900308.
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Herman, Shael. "Specific Performance: A Comparative Analysis (1)." Edinburgh Law Review 7, no. 1 (2003): 5–26. http://dx.doi.org/10.3366/elr.2003.7.1.5.
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This paper explores the regulation of specific performance of sales by reference to Spain and the USA, two jurisdictions which are exemplars of their respective legal families. It contrasts provisions under the Spanish Civil Code, Spain's Ley de Enjuiciamiento Civil, and under the American Uniform Commercial Code, and speculates on the interaction of these municipal laws with the regulation of specific performance under the United Nations Convention on Contracts for the International Sale of Goods (CISG). The study is split into two parts, the first of which appears here, and the second of which follows in the next issue of the Edinburgh Law Review. In this first part, section B outlines method, while section C explores the modern Spanish doctrine on performance and damages in light of the Romano-Germanic preference for performance. Section D examines the preference for damages over performance in US commercial law. By comparing Spanish and United States approaches to specific performance, Section E identifies points of possible convergence between the two systems as well as some noteworthy differences between them. In the second part of the study, Section F will explore the CISG's approach to specific performance, with the goal of inquiring, on one hand, whether the drafters have successfully accounted for both the Anglo-American and the Romano-Germanic preferences, or, on the other hand, whether the CISG's synthesis of the preferences is faulty and manifests incompatible goals that may be difficult to harmonise. Recent US decisions on specific performance under the CISG will be sampled in section G, which will make explicit some assumptions underlying the reasoning processes of US courts in commercial cases. Section H, an epilogue, will speculate on reasons for the intensity of the rivalry between proponents of specific performance as a primary remedy and those favouring damages as a primary remedy.
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Zarpelon Neto, Germano, Giancarlo Medeiros Pereira, and Miriam Borchardt. "What problems manufacturing companies can face when providing services around the world?" Journal of Business & Industrial Marketing 30, no. 5 (2015): 461–71. http://dx.doi.org/10.1108/jbim-05-2012-0090.
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Purpose – This article aims to adopt a complementary line of reasoning by investigating the problems that manufacturers can face when providing services in different countries. Studies of the relationship between products and services have focused on concept, model and classification propositions; the importance of building relationships with clients; and approaches for bundling services and products. Design/methodology/approach – A qualitative, multi-case research design was employed. The authors aim was to study similar services provided by the same company in different countries. The authors investigated the six most important service units of a company that sells 1.2 billion/year. This approach differs from the majority of the previous studies conducted at the global level (multiple case studies and/or distinct business sectors). Findings – The provision of service in different countries may face some challenges in the capital goods industry. Such challenges arise from the following elements: regulations that protect the local service companies from the competition with the manufacturers; operational problems (employee turnover, the distance between resources and clients and a shared structure between service providers and the factory); the manufacturer culture (goods-dominant logic prevail over the services-dominant logic); commercial approaches (lack of an open relationships between the manufacturer and the client in unforeseen situations, a poor understanding about how each customer can generate revenues and profits in the long run, the contract rigidity and a single sales team to sell products and services); and the poor knowledge presented by the manufacturer about the value demands of their customers (includes the acquisition, dissemination and utilization of the knowledge). Research limitations/implications – The research findings are limited in generalizability because of the qualitative research methodology. Practical implications – Manufacturers of the capital goods must understand the constraints that limit the sales of services around the world. Such understanding will help them to redesign their value offerings, as well as their operational structure. Aiming to support them during the revision process, a preliminary model for global service management was included at the end of the article. Originality/value – The study contributes to the debate regarding the provision of global services. The analysis of the findings unveils some avenues for future studies, namely: alternatives for reducing the turnover of the service teams; alternatives to mitigate the conflicts between the service department and the other company departments (engineering and manufacturing); methods to evaluate how and when local competitors can generate gains to the manufacturer; alternatives to mitigate the customer’s concerns arising from the service outsourcing (e.g. reduction of their knowledge about the products maintenance); and methods to acquire, disseminate and utilize the knowledge required to improve the global service operations.
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Rosochatecká, Eva, and Luboš Smutka. "The impact of global trends on Czech trade in agrarian and foodstuff products." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 59, no. 4 (2011): 287–94. http://dx.doi.org/10.11118/actaun201159040287.
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The Czech retail market has changed its structure and form during the last twenty years. The influence of two factors is especially significant. The first one is the growth of internationalization and the second one is market concentration growth. The significant opening process of the Czech economy, accompanied by the liberalization of the Czech market process, enabled the international retail companies to penetrate the national retail market. The most powerful European retail companies are now present in the Czech market. The available shopping area/cap is also one of the largest in Europe. Retail chains have taken a dominant position in the market, and because of their market power they are able to determine trade/contract conditions for domestic suppliers. Retail chains’ sales have been constantly growing. While in 2006 the value of sales was about 258.5 billion CZK, in 2008 it was about 312.2 billion CZK. The impact of the economic crisis on the Czech retail market has not been as stressful as it was abroad. In 2009, a slowdown of the Czech retail market was recorded, but the value of sales decreased by only 3 billion CZK (in comparison with 2008). The highest sales (59 billion CZK) were recorded by the Lidl & Schwarz-Gruppe, which is the owner of two dominant retail chains in the Czech retail market (Kaufland and Lidl). The main aim of the paper is to evaluate the selected aspects, which have been influencing the relationship between multinational companies (retail companies – supermarkets and hypermarkets) and local (Czech) suppliers of agrarian and foodstuff products (farmers and foodstuff companies). The paper analyses the problem of abuse of multinational companies’ significant market power in relation to their suppliers. Based on a pilot project, the efficiency of market force law, and its use in practice, are analysed. The main idea is to analyse the following problems: the impact of 30 days payment period for goods delivered, under cost prices required by retail companies, and the structure of fees and charges required by retail companies.
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Chhibber, Ajay, and Swati Gupta. "Public sector undertakings: Bharat’s other Ratnas." International Journal of Public Sector Management 31, no. 2 (2018): 113–27. http://dx.doi.org/10.1108/ijpsm-02-2017-0044.
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Purpose While national public policies such as performance contracts and disinvestment affect the dynamics of large- and medium-scale state-owned enterprises in emerging market economies, the purpose of this paper is to analyze the performance of India’s public sector undertakings (PSUs) and suggest options to improve their outcomes. Design/methodology/approach Using firm-level data on India’s 235 PSUs with total assets of around $500 billion over the past two and half decades (1990-2015), the study empirically tests the effect of performance contracts, measured by memorandum of understanding (MOU) and disinvestment, measured by private equity share, on PSUs performance indicator such as return on capital (ROC). Data were collected from the Public Enterprises Survey Reports released by the Department of Public Enterprises under India’s Ministry of Heavy Industries and Public Enterprises, Department of Disinvestment, Bombay Stock Exchange and Capitaline database. By controlling firm-, industry- and macro-level factors in regression models, the results were presented in several aspects like service sector, non-service sector and individual and joint effects. Findings Empirical estimations indicate that performance contracts such as MOUs have had a positive impact on PSU performance by increasing their ROC by 8-9 percent. This result holds more strongly for the non-service sector (manufacturing, mining) but less so for service sector firms. In the case of service sector firms, partial privatization (share sales) has a significant impact on performance, making them ideal candidates for more aggressive disinvestment. Larger PSUs (Maharatnas) appear to perform better than smaller PSUs and even better than private firms of similar size. Smaller PSUs (Navratnas and Miniratnas) perform worse than private companies and should be good candidates for strategic disinvestment (privatization). PSUs that do not have Ratna status – and are loss makers – should be disposed of their asset value. Practical implications The study recommends that India should change the public sector balance sheet by raising capital through strategic disinvestment (privatization), disinvestment and liquidation of PSUs and re-investing it, in public infrastructure through the National Infrastructure Investment Fund and not into the budget as a revenue-raising measure. It should also transform Maharatnas into world class companies with greater commercialization. Originality/value The paper makes significant contributions to the academic literature on the changing dynamics of state-owned enterprises in emerging economies by examining the effect of performance contracts and disinvestment on India’s PSUs performance. It is one of unique longitudinal-empirical studies on India’s PSU performance in several dimensions.
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Keder, Adelaine. "Uniform Law for International Sales (under the 1980 United Nations Convention); John Honnold; Kluwer, Deventer1987; ISBN 90 6544 3479, 2nd edition, 586 pp. (incl. Annexes). - Documentary History of the Uniform Law for International Sales; John Honnald; Kluwer, Philadelphia1989; ISBN 90 6544 3738, xii + 881 pp. - Guide to Practical Applications of the United Nations Convention On Contracts for International Sale of Goods; Albert H. Kritzer Kluwer, Deventer1989; ISBN 90 6544 3711, 633 pp. (incl. Annex)." Leiden Journal of International Law 3, no. 1 (1990): 91–95. http://dx.doi.org/10.1017/s0922156500003836.
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Peters, L. "International Contract Manual. International Sales Law Reporter. Guides to Practical Applications, A.H. Kritzer, Editor, Kluwer Law & Taxation, from 1990, Vol. 1: Guide to Practical Applications of the United Nations Convention on Contracts for the International Sale of Goods, 2 vols., loose-leaf, ISBN 90-6544-368-1; Vol. 2: Country Handbooks, 2 vols., loose-leaf, ISBN 90-6544-960-4; Vol. 3: Contract Checklist, 1 vol., loose-leaf, ISBN 90-6544-958-2." Uniform Law Review - Revue de droit uniforme 1, no. 2 (1996): 411–12. http://dx.doi.org/10.1093/ulr/1.2.411-a.
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Yapanto, Lis M., Ahyar Muhammad Diah, Kannapat Kankaew, et al. "The effect of CRM on employee performance in banking industry." Uncertain Supply Chain Management 9, no. 2 (2021): 295–306. http://dx.doi.org/10.5267/j.uscm.2021.3.003.
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The relationship between the organization and its clients is the life of every enterprise, whether it is a multinational corporation of several billion employees and a multi-million-deposit business or sole traders with a handful of daily customers. The relationship between the organization and its traditions is the key concern. Between these two cases, consumer relationship management (CRM) is the same in theory and may differ significantly. Both the company and consumers have some factors to meet, such as the desires and expectations of all sides, before forming a contract. We need to earn a profit to succeed and to improve clients expect excellent support, better goods and reasonable pricing. The implementation of a CRM program will impact consumer service and customer knowledge for various purposes. Likewise, adopting a CRM strategy would definitely affect consumer loyalty and awareness. CRM guarantees that consumers are happy and strengthens ties between the company and its clients. Such practices improve the partnership between customers and sales representatives. The study carried out the quantitative approach in the delivery of the questionnaire to more than 100 bank customers. In concise and inferential statistics, the data were handled using the SPSS statistical method. Data indicates that the strong relationship between consumer loyalty and customer happiness of CRM technologies occurs and the stronger the overall customer satisfaction score, the larger the volume of CRM technology deployed.
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Merrett, Louise. "PLACE OF DELIVERY IN INTERNATIONAL SALES CONTRACTS." Cambridge Law Journal 67, no. 2 (2008): 244–46. http://dx.doi.org/10.1017/s000819730800055x.
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Tabatabai, Seyed Jafar. "The Nature, Terms and Legal Effects of Presale or Pre-Construction Contracts of Building (Apartment)." Journal of Politics and Law 10, no. 1 (2016): 228. http://dx.doi.org/10.5539/jpl.v10n1p228.
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Modern living in present-day in the territory of contracts, as in many other fields, has led to numerous and complex phenomena. One of its manifestations is the construction (constructing) phenomenon and its pre-sale contracts. Sale of the building and apartment units before their construct is a common problem in today's society that it depends on pre-sales or pre-construction contracts. The long duration of construction projects and fluctuations in materials prices, especially considering the today’s economic situation is one of the important reason for the development of pre-sales contracts in Iran. This study has been carried as a descriptive analytical one to examine and identify the nature, conditions (terms) and legal effects of pre-sold or pre-construction contracts and among the results of this study are that; the presale contract of construction (building) despite the fact that sales did not exist at the time of conclusion of the contract, can be considered as the same sale. The producing of ordered goods is the responsibility of artificial maker (manufacturer) and the made should be determined and death and time to deliver the goods must be determined. The determination of price also as determination of made is very important and must be delivered to the makers according to contract.
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Wójtowicz, Ewa. "Law applicable to Distribution Contracts and Contracts of Sale – Relationship between Framework Agreement and Application Contracts." European Review of Contract Law 14, no. 2 (2018): 138–56. http://dx.doi.org/10.1515/ercl-2018-1008.
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Abstract Distribution networks are widely used in the international trade as a tool for bringing another party’s products on to the market. However, in international business relations it may be difficult to establish the governing law for distribution agreements and contracts of sale. This article analyses the rules for determining the law applicable to distribution agreements and determines the impact of these rules and the law applicable to a distribution agreement on the applicable law for the sales contracts formed under the agreement. The thesis of the article is that the specific nature of distribution agreements manifesting itself in a bond between distributorship (as a framework agreement) and contracts of sale (as the application contracts) has implications for the determination of the applicable law for the sales contracts.
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Staniec, Iwona, and Maciej Boniecki. "ABC ANALYSIS IN REVERSE LOGISTICS IN THE COMMERCIAL ENTERPRISE." Zeszyty Naukowe Wyższej Szkoły Humanitas Zarządzanie 21, no. 3 (2020): 87–100. http://dx.doi.org/10.5604/01.3001.0014.4511.
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The reverse logistics related to unsold goods in B2B contracts is a current problem for both practitioners and scientists. This work addresses the problem of using ABC analysis in reverse logistics. The analyzes used weekly data from 2014 to 2017 regarding sales and returns of selected assortment groups. The conducted analyzes showed that the dual ABC categorization due to the volume of sales and returns allows the selection of key groups of assortments for a potential enterprise.
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Amemiya, Yuki, Hiroshi Kitamura, and Jun Oshiro. "Market-Share Contracts with Vertical Externalities." Asian Journal of Law and Economics 5, no. 1-2 (2014): 1–15. http://dx.doi.org/10.1515/ajle-2013-0002.
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AbstractWe construct a model of market-share contracts with vertical externalities. When a dominant supplier offers a linear wholesale price to a retailer, vertical externalities, well-recognized as double-marginalization problems, arise in the vertical relation. The dominant supplier facing vertical externalities charges a wholesale price that is excessively high for both the vertical relation and social welfare. Under market-share contracts, the retailer can commit to increase the sales of goods produced by the dominant supplier for a lower wholesale price. We point out that this induces the vertical relation to engage in market-share contracts even in the absence of exclusionary effects in the upstream market. We also show that such contracts mitigate vertical externalities and improve social welfare.
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Berlingher, Daniel. "The Effects of the International Contract for Sale of Goods." Journal of Legal Studies 19, no. 33 (2017): 96–109. http://dx.doi.org/10.1515/jles-2017-0007.
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Abstract The contracts are the indispensable legal instruments for any economic transaction. The international sale contract is the main legal instrument by which international commerce is carried out and through which the movement of goods from producer to consumer is ensured within cross-border relations. The sale contract in international commerce is the legal act by which the parties, the seller and the buyer, belonging to different states, commit each other to transfer the property of a good in return for payment of a price. Regarding the general rules applicable to the contract of international sale of goods, they are regulated by the “United Nations Convention on Contracts for the International Sale of Goods from Vienna”. The Convention has adopted uniform rules to govern the international sale of goods contract, if the parties have not chosen expressly for the application of other rules. In this study I present the effects of international sale of goods in the light of the rules of the Vienna Convention of 1980.