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Journal articles on the topic 'International sale contracts'
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1
Jovanović, Marko. "A conclusion of contracts for the international sale of goods." Pravo - teorija i praksa 38, no. 3 (2021): 65–76. http://dx.doi.org/10.5937/ptp2103065j.
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The international exchange of goods is done through a contract on the international sale of goods. A conclusion of a contract on the international sale of goods is based primarily on the autonomy of the will of the parties, unless that autonomy of will is limited by the compulsory regulations of the states. All sources of law cited in the paper, such as international conventions, autonomous sources of law and even customs and business ethics, can be changed by the disposition of the will, because they are of a dispositive character. The contracting parties most often agree on the application of the United Nations Convention on Contracts for the International Sale of Goods, the so-called Vienna Conventions, except in cases where there are general conditions and standard contracts. The Vienna Convention, which is a compromise of continental, Roman and Anglo-Saxon law, is most often contracted. The offer and its acceptance are necessary for the conclusion of the contract, except for standard and formal contracts. The offer is a final act, and the acceptance of the offer is a statement of the agreement with the offer. The offer must have essential elements of the contract, but it can also have irrelevant elements. By concluding a contract with the application of INCOTERMS clauses, most irrelevant elements of the contract are regulated.
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Berlingher, Daniel. "The Effects of the International Contract for Sale of Goods." Journal of Legal Studies 19, no. 33 (June 1, 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.
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Carette, Nicolas. "Direct Contractual Claim of the Sub–buyer and International Sale of Goods: Applicable Law and Applicability of the CISG." European Review of Private Law 16, Issue 4 (August 1, 2008): 583–605. http://dx.doi.org/10.54648/erpl2008047.
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Abstract: The issue explored in this work is which law should be applied to determine the admissibility or possibility of and, if appropriate, the assessment of a direct contractual claim of a sub–buyer against a former seller when a sequence of contracts of sale takes place in an international context and the sequential contracts are governed by different laws. Particular attention is paid to the impact of the United Nations Convention on Contracts for the International Sale of Goods (CISG) on this question. Although this article focuses mainly on Belgian and French Law where the competence of the Belgian or French judges is presupposed, the theories described herein, and especially the proposed one, can in principle also be applied to other laws and in other jurisdictions. The admissibility and the assessment of the claim of the sub–buyer will in principle be judged exclusively according to the lex contractus (national law, not CISG) of the contract between the sued seller and his immediate buyer. However, in case the claim of the intermediary seller against the initial seller is automatically transferred to the sub–buyer according to the lex contractus of the sub–contract, the key question is to what extent the transfer can be invoked against the initial seller. Arguably, one must distinguish between two categories of cases: cases within which the law governing the initial contract recognizes the automatic transfer of the claim according to the law governing the sub–contract, on the one hand; and cases where the lex contractus of the initial contract does not recognize such a transfer. In the first category of cases, the sub–buyer can be identified with his predecessor and the assessment of his claim has to be judged as if it was the predecessor who is acting. In the second category of cases it must be verified whether or not the law governing the initial contract recognizes a more or less similar, although not automatic transfer of claims. It is proposed to refer to the regime of assignment where the lex contractus of the initial contract recognizes the (whether or not implied) assignment of the claim(s). This means an analogical application of Article 12 of the Rome Convention, where that Convention has to be applied. In any case, if the direct contractual claim of the sub–buyer is recognized, the CISG could possibly be applicable to the claim. Resumé: La question étudiée dans ce travail est celle du droit applicable pour déterminer l’admissibilité ou la possibilité de, et si opportun, l’évaluation d’une créance contractuelle directe d’un acheteur succédant contre un premier vendeur dans le cas d’une succession de contrats de vente ayant lieu dans un contexte international et où les différents contrats sont régis par différents droits. Une attention particulière est portée sur l’impact de la CVIM vis à vis de cette question. Même si cet article se concentre principalement sur les droits belge et français et que la compétence des juges français et belge est présupposée, les théories discutées, et surtout la théorie proposée, peuvent en principe également être appliquées aux autres droits et par d’autres juridictions. L’adminissibilité et l’évaluation de la créance par l’acheteur succédant seront en principe considérées exclusivement au vu de la lex contractus (droit national et non la CVIM) du contrat entre le vendeur poursuivi et l&apos
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Venter, Francois. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 1 (June 6, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2011/v14i1a2556.
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A wide range of unrelated topics are addressed in five articles and three notes published in this issue.The first article, contributed by Sieg Eiselen of UNISA, deals comparatively with the difficulties of an appropriate interpretation of the UN Convention on Contracts for the International Sale of Goods (CISG) regarding standard terms in international contracts of sale. Eiselen subscribes to an approach according to which a clear incorporation clause in the contract is considered to be sufficient for the effective incorporation of standard terms.
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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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Naude, Tjakie. "Notes: The incorporation of standard terms into contracts: Is it sufficient that the terms are ‘available on request’?" South African Law Journal 138, no. 4 (2021): 748–60. http://dx.doi.org/10.47348/salj/v138/i4a4.
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South African case law has long held that standard terms may be incorporated into a contract by mere reference, and that it is unnecessary for the user of the terms to make the text of the terms available to the other party. The so-called railway ‘ticket cases’ from the early twentieth century started this approach. More recent case law involving contracts concluded by fax has confirmed the possibility of incorporation of standard terms by mere reference, without the text of the terms having been made available. This contribution argues that times have changed with increased access to the internet, and that the user of standard terms can reasonably be expected to make their text available to the other party, for example by making them available on a website. It draws on comparative study of the UN Convention on Contracts for the International Sale of Goods and the Unidroit Principles of International Commercial Contracts. It also shows that legislation requires standard terms to be made available anyway in the consumer context, as well as in the case of electronic contracts. Writers of books on the law of contract should discuss the relevant rules.
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Nwafor, Ndubuisi, Uju Beatrice Obuka, Morning-Glory Nwafor, and Kingsley N. Edeh. "Frustration and Remedies Under the CISG, UNIDROIT Principles and English Law: A Comparative Review." Business Law Review 40, Issue 5 (August 1, 2019): 194–202. http://dx.doi.org/10.54648/bula2019026.
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The doctrine of frustration is one of the most efficient risk sharing mechanisms in a commercial contract under the Contracts for the International Sale of Goods (CISG), Institute for the Unification of Private Law (UNIDROIT) Principles of International Commercial Contract and the English law. This article investigates and comparatively discusses the various remedies that can apply under a frustrated 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 (June 25, 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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Kryla-Cudna, Katarzyna. "Damages for the Cost of Repair and the Seller’s Right to Cure under the UN Convention on Contracts for the International Sale of Goods." European Business Law Review 31, Issue 5 (September 1, 2020): 887–916. http://dx.doi.org/10.54648/eulr2020033.
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The article focuses on whether, in the case of a breach of a sales contract, the buyer can remedy the non-conformity of the goods independently and claim damages for the cost of repair without giving the seller an opportunity to cure his failure to perform. The analysis is based on the solutions adopted in the United Nations Convention on Contracts for the International Sale of Goods. The issue has recently given rise to divergent approaches in the literature. The article seeks to shed new light on the problem and offers a way of resolving the question of the interplay between the seller’s right to cure and the buyer’s right to claim damages for the cost of repair. The principal conclusion is that the buyer’s right to claim damages for the cost of repair and the seller’s right to cure do not stand on an equal footing. Rather, the seller’s right to cure has priority over the buyer’s damages claim. As long as the seller is entitled to remedy his failure to perform under the Convention, the buyer cannot cure the nonconformity independently. If he does so, he cannot claim compensation for the costs incurred as a result of the repair. The right to cure; United Nations Convention on Contracts for the International Sale of Goods; CISG; damages; breach of contract; remedies; sales contract; repair; avoidance; favour contractus
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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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Reid, Alan S. "International Sale of Goods Contracts in the 21st Century." Business Law Review 25, Issue 5/6 (May 1, 2004): 120–26. http://dx.doi.org/10.54648/bula2004092.
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Bridge, Michael. "International trade and transnational law." Revija Kopaonicke skole prirodnog prava 2, no. 2 (2020): 9–34. http://dx.doi.org/10.5937/rkspp2002009b.
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This article deals with the globalisation of contract law. It begins with an historical survey before taking an inventory of the various types of uniform law. These range from 'hard' law, such as multilateral treaties, to 'soft' law, an expression that captures various non-binding instruments that can usefully be employed by contracting parties and sovereign states. These include contractual standard terms (e.g. Incoterms 2020) and standard form contracts (e.g. ISDA contracts), as well as UNCITRAL model laws. The influence of national law in the globalisation process is noted, whether it takes the form of influencing the laws of other states or provides input into the creation of uniform law. The UN Convention on the International Sale of Goods (CISG) is examined at key points with reference to the influence exerted by the civil law and the common law in its creation. The importance of maintaining the uniform character of the CISG is underlined. Finally, the role played by the UNIDROIT Principles of International Commercial Contracts (PICC) is also examined.
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Pavlović, Radica. "Modalities of international contracts in trade of goods: Legal review." Megatrend revija 17, no. 4 (2020): 107–24. http://dx.doi.org/10.5937/megrev2004107p.
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The subject of the paper is to point out the effect of the modality of the contract on the sale of goods in international trade, given that in modern business conditions due to globalization, deregulation and market liberalization, foreign trade has reached enormous proportions in the world. and business relations, given that they, in modern business conditions and through the development of multinational and transnational companies lead to a huge expansion of the range of goods that become the subject of economic turnover and thus contracting given that the contract of sale has both economic and legal effect. Today, modern regulations and relations of purchase are being established and commented on, and therefore the goal is to present a review of the modalities of contracts in international trade in order to make the best possible genesis, comparative analysis and understanding of necessity in modern imperative and causal norms. Inclusion of other scientific disciplines in the adoption of regulatory norms and the study of this field, considering all aspects of their actions.
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Moghaddam Abrishami, Ali. "Should Iran join the United Nations Convention on Contracts for the International Sale of Goods?" Uniform Law Review 25, no. 4 (December 1, 2020): 634–63. http://dx.doi.org/10.1093/ulr/unaa015.
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Abstract After 40 years of the United Nations Convention on Contracts for the International Sale of Goods (CISG), it is still controversial whether the CISG has been a successful uniform law in practice. It is, nevertheless, evident that the number of ratifications of the CISG has been increasing. This article aims to highlight the important question of whether Iran should implement the CISG. In addition, it argues that irrespective of the possible ratification of the CISG, the Iranian contract law needs to be modernized. In particular, advantages and disadvantages of the possible adoption of the CISG in Iran are explored. This article argues that acceding to the CISG will provide Iran with a number of opportunities, including the promotion of international trade with its trading partners. In proposing a model for the modernization of the Iranian Civil Code (CCI), the author, however, argues that the CISG is not the best option. Instead, the Unidroit Principles of International Commercial Contracts (PICC) is the most appropriate model for reforming the Iranian contract law. This article concludes by suggesting that the combination of the CISG and the PICC is the best way forward for the Iranian legal system.
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Fillers, Aleksandrs. "Application of the CISG to Arbitration Agreements." European Business Law Review 30, Issue 4 (July 1, 2019): 663–93. http://dx.doi.org/10.54648/eulr2019028.
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The CISG is probably the most important example of unification of substantive private law in the world, creating a uniform set of substantive rules. Unlike a civil code, the CISG does not claim comprehensive scope. The Convention applies to one type of legal relations – sale of goods. However, in real life, sale contracts are often accompanied by additional clauses that require specific regulation. In particular, it is common practice for parties to insert arbitration clauses in their international sale contracts. The close connection between sale contracts and arbitration clauses poses a question of their unified or separated regulation. Taking into account the role of arbitration as a natural forum for international merchants, it could have been expected that the CISG would clearly delimit its material scope regarding arbitration agreements. Unfortunately, the text of the CISG is surprisingly cryptic in this regard. The ambiguity of the Convention has supplied arguments both to those supporting its application to arbitration clauses inserted in sale contracts and those favoring application of international or domestic arbitration law to arbitration clauses. The practice of courts and tribunals is also inconclusive, although the majority seems to prefer separation of legal regimes. The author of the article agrees that the text of the CISG can be construed in different ways. However, certain constructions are too complicated to be applied in practice. For that reason, it is difficult to accept the idea that arbitration clauses fall entirely outside the scope of the CISG. At the same time, the legislative history does not provide support for an assumption that the CISG was meant to apply to all aspects of arbitration agreements, in particularly, their formal validity. Therefore, the analysis of scholarly works and practice leads to the conclusion that while formal validity of arbitration agreements is not covered by the CISG, formation of a sale contract, including an arbitration clause, does fall within the scope of the CISG. While this solution will not satisfy purists in both camps, it attempts to solve the ambiguity in the most realistic manner.
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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 (August 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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Ferrari, Franco. "‘Forum Shopping’ Despite international uniform Contract law Conventions." International and Comparative Law Quarterly 51, no. 3 (July 2002): 689–707. http://dx.doi.org/10.1093/iclq/51.3.689.
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One of the asserted advantages and goals of the unification of substantive law lies in the prevention of ‘forum shopping’,1 ie the lawyer's act of seeking the forum that is most beneficial to his client's interest.2 This has been pointed out not only in discussions on unification of law in general,3 but also in discussions on specific international uniform contract law conventions, such as the United Nations Convention on Contracts for the International Sale of Goods4 (hereinafter CISG),5 the Geneva Convention on the Contract for the International Carriage of Goods by Road6 (hereinafter CMR)7 and the UNIDROIT Convention on International Factoring8 (hereinafter IFC).9
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Oleksyn, I. I., and T. V. Kysil. "Certain aspects of conclusion of international purchase and sale contracts." Entrepreneurship and Trade, no. 25 (2019): 70–76. http://dx.doi.org/10.36477/2522-1256-2019-25-09.
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Karimov, N. "International Relations and Audit Process of Import Operations." Bulletin of Science and Practice 5, no. 12 (December 15, 2019): 316–23. http://dx.doi.org/10.33619/2414-2948/49/37.
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This article reveals the development of foreign economic activity in Uzbekistan, international relations and the audit process of import operations. It also sets out the legal basis for regulating foreign trade transactions carried out on the basis of international law and the terms of the foreign trade contract of sale. Foreign trade operations have also been studied, which have significant features due to legal regulation, the composition of foreign economic transactions, the procedure for fulfilling obligations under contracts and the system of applied calculations, which imposes additional requirements for accounting, analysis and audit.
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Kornet, Nicole. "The Interpretation and Fairness of Standardized Terms: Certainty and Predictability under the CESL and the CISG Compared." European Business Law Review 24, Issue 3 (June 1, 2013): 319–39. http://dx.doi.org/10.54648/eulr2013017.
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The vast majority of cross-border commercial sales transactions are concluded on the basis of standardized contracts. When assessing the competitive advantage of various regulatory instruments such as the new proposal for a Common European Sales Law (CESL) and the UN Convention on the International Sale of Goods (CISG), the nature and purpose of such contracts has to be borne in mind. Since standardized contracts aim to promote certainty, predictability and uniformity with respect to a business' rights and obligations in numerous transactions, a set of rules that fosters certainty, predictability and uniformity in the interpretation and enforceability of such standardized contracts should be preferred. This contribution compares the CESL and the CISG in relation to contract interpretation and the control of fairness of standardized contract terms and concludes that although the CESL may have a competitive advantage in the sense that it deals with standard contract terms more comprehensively, the nature of many of its provisions will not promote legal certainty, predictability and uniformity.
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Rösler, Hannes. "Hardship in German Codified Private Law – In Comparative Perspective to English, French and International Contract Law." European Review of Private Law 15, Issue 4 (August 1, 2007): 483–513. http://dx.doi.org/10.54648/erpl2007028.
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Abstract: This article analyzes the German, English and French law if and how contracts can be terminated or amended in response to unforeseen events. In addition, it describes the solutions in the UN Convention on Contracts for the International Sale of Goods (CISG), the Principles of European Contract Law (PECL) and the UNIDROIT Principles on International Commercial Contracts. The starting point of this article is German law with its doctrine of Störung der Geschäftsgrundlage established by the courts in the 1920’s and recently codified in § 313 BGB. The new provision requires a fundamental change in circumstances upon which a contract was based and that it is unreasonable to hold the party bound to its (unchanged) duty. The article then stresses some parallels to the English frustration law, though English Courts have no power to revise the contract, whereas this is the primary remedy in German law. Taking French law into account, which still rejects the concept of imprévision, English law is thus placed between the Germanic and Romanic legal solutions. French law only knows force majeure which officially results in tout ou rien, though there is some trend towards accepting an obligation de renégociation. While article 79 (1) CISG is not dealing with the change of fundamental circumstances or the adjustment of contracts, article 6:111 PECL and articles 6.2.1 to 6.2.3 UNIDROIT Principles provide for this. The fact that they do not just allow for a termination of the contract, but also its juridical adaptation to restore the equilibrium is a trend that should be welcomed from the perspective of European and international contract law. Résumé: Cet article analyse au niveau des droits allemand, anglais et français la question de la résiliation ou de la modification des contrats suite à des évènements imprévus. De plus, il décrit les solutions de la Convention des Nations Unies sur les Contrats de Vente Internationale de Marchandises (CVIM), des Principes de droit européen des contrats (PECL) et des Principes UNIDROIT relatifs aux contrats du commerce international. Le point de départ de cet article est le droit allemand et sa doctrine de Störung der Geschäftsgrundlage [see above]. instauré par les tribunaux dans les années 1920 et codifié récemment par le § 313 BGB. Cette nouvelle disposition requiert deux conditions: un changement important des circonstances à la base du contrat et qu’il ne soit pas équitable d’exiger l’exécution par la partie de son obligation contractuelle (non modifiée). Des parallèles sont ensuite tracés avec le droit anglais de l’impossibilité d’exécution, et ce bien que les tribunaux anglais n’aient pas le pouvoir de modifier le contrat alors que c’est le recours principal du droit allemand. Au vu du droit français, qui rejette encore le concept d’imprévision, le droit anglais est donc situé entre les solutions germaniques et romanes. Le droit français connaît uniquement la force majeure qui se solde officiellement par tout ou rien, bien qu’il existe une certaine tendance vers l’acceptation d’une obligation de renégociation. Alors que l’article 79 (1) CVIM ne concerne par le changement des circonstances à la base du contrat ou la modification des contrats, l’article 6:111 PECL et les articles 6.2.1 à 6&peri
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Butler, Petra. "Celebrating Anniversaries." Victoria University of Wellington Law Review 36, no. 4 (December 1, 2005): 775. http://dx.doi.org/10.26686/vuwlr.v36i4.5616.
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This article is a summary of the symposium on the Convention on Contracts for the International Sale of Goods ('CISG') in 2005, held in Wellington. The aim of the symposium was to re-familiarise New Zealand's legal community with a part of contract law which seems to have been forgotten or, even worse, which had never gotten into the conscience of New Zealand's legal profession. The first part of the symposium involved the makeup of the CISG and concerns regarding potential barriers to international change. However, the author argues that the symposium papers make clear New Zealand businesses and lawyers should not need to be afraid to choose CISG for their international contracts. The second part of the symposium covered the practical application of the CISG in the day to day business of a lawyer advising his/her client. The author concludes that the seminar papers show New Zealand businesses can only gain from using the CISG as their law for international commercial contracts.
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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 (September 1, 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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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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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 (September 11, 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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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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Flechtner, Harry M. "UN Convention on Contracts for the International Sale of Goods (CISG)." Rabels Zeitschrift für ausländisches und internationales Privatrecht 78, no. 4 (2018): 883. http://dx.doi.org/10.1628/003372514x683693.
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Oviedo Albán, Jorge. "Usages and Practices in Contracts for the International Sale of Goods." Vniversitas 66, no. 135 (May 24, 2017): 255. http://dx.doi.org/10.11144/javeriana.vj135.upci.
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<p>Uno de los aspectos de mayor relevancia en la Convención sobre compraventa internacional, consiste en poder precisar la forma como la misma prevé la aplicación de otras fuentes con las que se integra. Conforme a lo anterior, es necesario establecer el alcance de cada una de ellas, para de esa manera poder establecer el sistema de fuentes reguladoras de los contratos de compraventa internacional de mercaderías. En tal contexto, este trabajo tiene por objeto estudiar el valor y alcance de los usos y prácticas como fuente reguladora de los contratos de compraventa internacional en el marco de la Convención de Naciones Unidas de 1980. Para su elaboración se ha tenido en cuenta tanto la doctrina como las interpretaciones jurisprudenciales. </p>
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Akrami, Farzaneh, Sakina Shaik Ahmad Yu, and Suzanna Mohamed Isa. "The Problem of ‘Open Price Term’ in Contracts of Sale of Goods in Iran and under the United Nations Convention on Contracts for the International Sale of Goods." International Journal of Engineering & Technology 7, no. 3.30 (August 24, 2018): 219. http://dx.doi.org/10.14419/ijet.v7i3.30.18232.
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This is an undeniable fact is that incomprehensible or restricted rules cause problems for merchants as suppliers. This is more perceptible through domestic rules of the countries. However, international businessmen are also affected by existing conflicts in the international regulations. The concept of ‘open price term’ in contracts for the sale of goods is one of the best samples for developments in the world’s trade. However, regarding the open price term, the Iranian law has yet to adopt this vital phenomenon. On the other hand, if Iranian legislator aims to impose open price rules in the regulations, provisions of an international set of rules seem to be a useful model for such regulations as they are more common and have the capacity of being applied in the contracts made by parties from all over the world. As such, the United Nations Convention on Contracts for the International Sale of Goods (CISG), as an international set of rules containing open price rules is chosen in this paper to be studied as a model for such regulations. However, respective Article in CISG consists of some shortcoming as well. Thus, Adopting the doctrinal research method, in this paper aims to highlight the importance of adopting new rules for new methods of transaction and the necessity of amendments on existing rules.
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Kryla-Cudna, Katarzyna. "ADEQUATE ASSURANCE OF PERFORMANCE UNDER THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNIFORM COMMERCIAL CODE." International and Comparative Law Quarterly 70, no. 4 (October 2021): 935–60. http://dx.doi.org/10.1017/s0020589321000300.
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AbstractThis article compares and contrasts the doctrine of adequate assurance of performance under the US Uniform Commercial Code (the UCC) and the UN Convention on Contracts for the International Sale of Goods (the CISG). The article argues that, in the context of the CISG, the mechanism of adequate assurance found in the UCC is a faux ami. Despite some similarities, the doctrine of adequate assurance regulated in the CISG is distinct and serves different functions to its UCC counterpart.
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Schwenzer, Ingeborg. "Force Majeure and Hardship in International Sales Contracts." Victoria University of Wellington Law Review 39, no. 4 (December 1, 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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Loos, Marco B. M., and Marco B. M. Loos. "Commercial Sales: The Common European Sales Law Compared to the Vienna Sales Convention." European Review of Private Law 21, Issue 1 (January 1, 2013): 105–30. http://dx.doi.org/10.54648/erpl2013004.
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Abstract: If the Common European Sales Law (CESL) is adopted, commercial parties will have the opportunity to choose between two international legal instruments for the regulation of their international commercial sales contracts. Whereas CESL is available to both consumer and commercial sales contracts, the Vienna Sales Convention on the International Sale of Goods (CISG) is intended for commercial sales contracts only. This could suggest that CISG is more suitable for use in commercial sales contracts, as commercial parties usually have different interests compared to consumers. In this article, it is argued that, as CESL remedies major flaws in CISG, in fact CESL is the better choice (also) for commercial parties, in particular because it introduces coherent rules on defects of consent, clearer and more balanced rules regarding the incorporation of standard terms, and a scheme for the testing of the unfairness of standard terms. Résumé: Si le droit commun européen de la vente (CESL) est adopté, les parties commerciales auront la possibilité de choisir entre deux instruments juridiques internationaux pour la régulation de leurs contrats de vente commerciale internationale. Alors que CESL sera disponible dans le cas d'une transaction transfrontalière dans l'espace européen entre professionnels et consommateurs et aussi dans le cas d`une transaction entre deux professionnels, la Convention de Vienne relative à la vente internationale de marchandises vise uniquement les contrats de vente commerciale internationale. Ceci pourrait suggérer que la Convention de Vienne est plus appropriée aux contrats de vente commerciale internationale comme les parties commerciales ont en général des intérêts différents par rapport aux consommateurs. Dans cet article, nous postulons que CESL répare les défauts majeurs dans la Convention de Vienne et propose en fait le meilleur choix pour toutes les parties - professionnels et consommateurs -, en particulier parce que CESL introduit des règles cohérents sur les vices de consentement, contient des règles concernant l'incorporation des conditions générales plus claires et plus équilibrées et introduit des provisions pour tester le caractère abusif des conditions générales. Zusammenfassung: Sollte der Vorschlag über ein Gemeinsames Europäisches Kaufrecht (CESL) angenommen werden, werden Unternehmer die Wahl zwischen zwei Rechtsordnungen haben, die ihren internationalen Kaufverträgen zugrunde liegen können. Während der Anwendungsbereich des CESL sowohl für Verbraucherverträge als auch für Handelsverträge zur Verfügung steht, findet das Wiener Abkommen zum UN-Kaufrecht (CISG) nur für Handelsverträge Anwendung. Man könnte daraus schließen, dass das CISG als Grundlage für Handelsverträge besser geeignet sei, da Händler in der Regel von Verbrauchern abweichende Interessen haben. In diesem Aufsatz wird jedoch argumentiert, dass, da das CESL erhebliche Mängel im CISG behebt, das CESL grundsätzlich die bessere Wahl (auch) für Händler ist. Im Gegensatz zum CISG führt das CESL kohärente Vorschriften über Einigungsmängel ein, sowie klare und ausgewogene Vorschriften für die Einbeziehung und Inhaltskontrolle von Allgemeinen Geschäftsbedingungen.
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Aguiar, Anelize Slomp. "The Law Applicable to International Trade Transactions with Brazilian Parties: a Comparative Study of the Brazilian Law, the Cisg, and the American Law About Contract Formation." Revista Brasileira de Arbitragem 9, Issue 33 (March 1, 2012): 38–82. http://dx.doi.org/10.54648/rba2012002.
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ABSTRACT: Despite Brazil's importance in the world economy and its increasing participation in foreign trade, there is considerable legal uncertainty regarding the law applicable to international commercial contracts involving Brazilian parties because Brazilian judicial courts do not recognize' freedom to choose the governing law; thus this determination is only made ex post, by a judge, according to Private International Law rules of the forum. Applying these rules, this study demonstrates that there are at least three potential legal regimes: the Brazilian law, the United Nations Convention on Contracts for the International Sale of Goods, and a foreign domestic law. Making use of the American law as the foreign law, a comparative analysis of these three legal regimes regarding contract formation demonstrates that their approaches are very distinct, which confirms the legal uncertainty. In order to reduce this problem, three different strategies are proposed to the Brazilian government.
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Pavlović, Radica. "Sale contract with special reference to the importance of price treatment: Legal and economic reviews, dilemmas and perspectives." Megatrend revija 18, no. 4 (2021): 169–88. http://dx.doi.org/10.5937/megrev2104169p.
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In modern business conditions, due to the process of globalization, deregulation and liberalization, sales have reached enormous proportions in the world. It is for these reasons that sales contracts in international trade are of great importance today. Also, the development of industry and economy, as well as the development of multinational and transnational companies, has led to a huge expansion of the range of goods that become the subject of economic trade and thus contracting, since the sales contract has economic and legal effects, but also different conflict norms, dilemmas and treatments. Given the increase in prices in all business segments and the fact that foreign trade has reached enormous proportions in the world, sales contracts in international trade are of great importance today. Also, the development of industry and economy as well as the development of multinational and transnational companies has led to a huge expansion of the range of goods that become the subject of economic transactions. treatment of items and prices, different points of view.
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Islam, Zahidul. "Applicability of the Convention on Contracts for International Sale and Goods (CISG)." IOSR Journal Of Humanities And Social Science 14, no. 3 (2013): 78–81. http://dx.doi.org/10.9790/1959-1437881.
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Ferrari, Franco. "What Sources of Law for Contracts for the International Sale of Goods?" International Review of Law and Economics 25, no. 3 (September 2005): 314–41. http://dx.doi.org/10.1016/j.irle.2006.02.002.
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Kozub, S. "CONDUCTING OF FORENSIC ECONOMIC EXAMINATIONS ON TAXATION REGARDING ASSET MANAGEMENT MANAGING ASSETS OF MUTUAL FUNDS - MUTUAL VENTURE INVESTMENT FUND AND CORPORATE INVESTMENT FUNDS." Theory and Practice of Forensic Science and Criminalistics 19, no. 1 (June 2, 2019): 389–98. http://dx.doi.org/10.32353/khrife.1.2019.30.
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The order of taxation of operations of company is considered from the management of asset-mi, that carries out a management the assets of institute of the general investing - a ration venture investment fund and corporate investment fund during realization of judicial economic examinations.
At determinations of accosts got from the sale of the real estate by property of institute of the joint investing upon termination of building of dwelling-house; warranty payments for the objects of the real estate, that is got on the basis of previous agreements of purchase-sale and after entering into the contracts of purchase-sale of apartments on the basis of preliminary agreements of payment of cost of such apartments.
For example, the operation of taxation is considered on the basis of preliminary agreements of purchase-sale in future after entering into the contracts of purchase-sale of apartments on the basis of preliminary agreements that is set off in payment to the cost of such apartments.
During realization of research on the indicated question an important value has, circumstances, that the facilities got by preliminary agreement of purchase-sale join in the assets of institute of the joint investing after their put in paying for the principal contract of purchase-sale of the real estate confess incomes from operations with the assets of fund in accordance with the international standards of record- keeping and fall under the action of privilege and indicated methodical approach it is appropriate to use for conducted corresponding economic researches after materials of tax verifications.
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Janssen, André, and Christian Johannes Wahnschaffe. "COVID-19 and international sale contracts: unprecedented grounds for exemption or business as usual?" Uniform Law Review 25, no. 4 (December 1, 2020): 466–95. http://dx.doi.org/10.1093/ulr/unaa026.
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Abstract The year 2020 has witnessed a health crisis of unparalleled dimensions that has triggered ongoing complications on a global scale. Through restrictions on economic activities and disruptions in supply chains, COVID-19 has severely impeded global trade. Among the ensuing problems, the question of excusing a party’s failure to perform its contractual obligations is of key interest. This contribution analyses the conditions for exemption from liability with view to contracts for the international sale of goods subject to the 1980 UN Convention on Contracts for the International Sale of Goods. It revisits the statutory requirements and illustrates COVID-19 scenarios that might satisfy the relevant thresholds. This article further examines the particular legal consequences following from an exemption from liability, including the controversial discussion as to the adequate remedies in cases of economic hardship. Finally, this contribution addresses the newly revised International Chamber of Commerce’s clauses on force majeure and hardship.
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Araújo, Nádia de, and Fabiola I. Guedes de C. Saldanha. "RECENT DEVELOPMENTS AND CURRENT TRENDS ON BRAZILIAN PRIVATE INTERNATIONAL LAW CONCERNING INTERNATIONAL CONTRACTS." PANORAMA OF BRAZILIAN LAW 1, no. 1 (May 30, 2018): 73–83. http://dx.doi.org/10.17768/pbl.v1i1.34359.
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This work aims to present the recent changes and the current trends of Brazilian Private International Law in the area of international contracts with especial focus on the enforcement of Convention on the International Sale of Goods (CISG) in Brazilian legal order. Historically, the recognition of party autonomy in Private International Law has not been uniformily recognized. While since 1996, with the enforcement of the new Arbitration Law, party autonomy has been increasingly accepted in terms of international arbitration, jurisprudence on the choice of law and the choice of court clauses does not show the same progress. In fact, despite of important documents which have already been signed by the government, Brazilian Private International Law of Contracts still dates from 1942. Such contrast with internal material law represents a challenge for the full recognition of Party Autonmy in Brazilian Private International Law.
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Araújo, Nádia de, and Fabiola I. Guedes de C. Saldanha. "RECENT DEVELOPMENTS AND CURRENT TRENDS ON BRAZILIAN PRIVATE INTERNATIONAL LAW CONCERNING INTERNATIONAL CONTRACTS." PANORAMA OF BRAZILIAN LAW 1, no. 1 (May 30, 2018): 73–83. http://dx.doi.org/10.17768/pbl.v1i1.p73-83.
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This work aims to present the recent changes and the current trends of Brazilian Private International Law in the area of international contracts with especial focus on the enforcement of Convention on the International Sale of Goods (CISG) in Brazilian legal order. Historically, the recognition of party autonomy in Private International Law has not been uniformily recognized. While since 1996, with the enforcement of the new Arbitration Law, party autonomy has been increasingly accepted in terms of international arbitration, jurisprudence on the choice of law and the choice of court clauses does not show the same progress. In fact, despite of important documents which have already been signed by the government, Brazilian Private International Law of Contracts still dates from 1942. Such contrast with internal material law represents a challenge for the full recognition of Party Autonmy in Brazilian Private International Law.
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Araújo, Nádia de, and Fabiola I. Guedes de C. Saldanha. "RECENT DEVELOPMENTS AND CURRENT TRENDS ON BRAZILIAN PRIVATE INTERNATIONAL LAW CONCERNING INTERNATIONAL CONTRACTS." PANORAMA OF BRAZILIAN LAW 1, no. 1 (May 30, 2018): 73–83. http://dx.doi.org/10.17768/pbl.y1n1.p73-83.
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This work aims to present the recent changes and the current trends of Brazilian Private International Law in the area of international contracts with especial focus on the enforcement of Convention on the International Sale of Goods (CISG) in Brazilian legal order. Historically, the recognition of party autonomy in Private International Law has not been uniformily recognized. While since 1996, with the enforcement of the new Arbitration Law, party autonomy has been increasingly accepted in terms of international arbitration, jurisprudence on the choice of law and the choice of court clauses does not show the same progress. In fact, despite of important documents which have already been signed by the government, Brazilian Private International Law of Contracts still dates from 1942. Such contrast with internal material law represents a challenge for the full recognition of Party Autonmy in Brazilian Private International Law.
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Phang, Andrew. "Frustration of Contracts for the Sale of Land in Singapore." International and Comparative Law Quarterly 44, no. 2 (April 1995): 443–51. http://dx.doi.org/10.1093/iclqaj/44.2.443.
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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 (March 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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Damiani, Gerson. "Cross-Border vs. Domestic Intricacies In International Trade Regimes: a Game Theoretical Analysis of the Vienna Convention for the International Sale of Goods CISG in Light of its Ratifi." Revista Brasileira de Arbitragem 9, Issue 34 (June 1, 2012): 42–51. http://dx.doi.org/10.54648/rba2012021.
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ABSTRACT: This article suggests Game Theory as a model of scientific analysis in the field of International Dispute Resolution. As Game Theoretical approaches continue to gain acceptance in International Relations and Law, the present study intends to address the ratification of supranational regimes at the domestic level. The regime herein considered is the United Nations Convention on Contracts for the International Sale of Goods (CISG), as a uniform code for cross-border commercial contracts. Throughout the article a comparison is made between two nation-states: an old traditional power, represented by the United Kingdom, and an emerging global player, Brazil.
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Kruisinga, Sonja. "The Sellers Right to Cure in the CISG and the Common European Sales Law." European Review of Private Law 19, Issue 6 (December 1, 2011): 907–19. http://dx.doi.org/10.54648/erpl2011063.
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Abstract: One of the purposes of the recently published Proposal for a Regulation on a Common European Sales Law (hereinafter 'Common European Sales Law') is to improve the functioning of the internal market. The Common European Sales Law allows a seller the right to cure any lack of conformity in the goods delivered. During the period of time to carry out such a cure, the buyer may not exercise any remedy that is inconsistent with allowing the seller a period of time to effect a cure. The buyer may, however, withhold performance pending a cure. The UN Convention on the International Sale of Goods (CISG), which has been specifically drafted for contracts for the international sale of goods, does not contain such an extensive right to cure. This article will compare the Common European Sales Law and the CISG in this respect and conclude whether it would not be wiser for the contracting parties to an international sales contract to apply the provisions in the Common European Sales Law instead of the CISG. Résumé: L' un des objectifs de la Proposition de Règlementd'un Droit Commun Européen de la Vente est d'améliorer le fonctionnement du marché intérieur. Le Droit Commun Européen de la Vente accorde au vendeur le droit de rectifier tout défaut de conformité des biens fournis. Durant la période de temps permettant d'exécuter une telle correction, l'acquéreur ne peut apporter aucun remède, ce qui manque de cohérence dans la mesure où le vendeur se voit octroyer une période de temps pour effectuer la rectification. En revanche, l'acquéreur peut suspendre l'exécution pendant une rectification. La Convention des Nations Unies sur la Vente Internationale de Biens (ci-après la CISG), qui a été spécialement conçue pour les contrats de vente internationale de biens, ne contient pas un tel droit étendu de rectification. Le présent article compare la Proposition de Règlementd'un Droit Commun Européen de la Vente et la CISG sous cet angle et conclut qu' il serait plus sage pour les parties contractantes engagées dans un contrat de vente internationale d'appliquer les dispositions contenues dans le Droit Commun Européen en matière de Ventes plutôt que dans la CISG.
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Gunnarsson, Eyvindur G. "Default Interest Rates in International Transaction: Analyses of Private Law Application." European Review of Private Law 25, Issue 4 (September 1, 2017): 765–88. http://dx.doi.org/10.54648/erpl2017048.
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Abstract: A legal problem that regularly arises in the event of default of monetary obligations in international contracts, or contracts which contain a foreign element, is which law to apply to default interest rates. This is of significant importance as default interest rates can vary to a great extent between countries. Iceland was hit hard by the 2008 financial crisis, especially by the spill-over effects of its banking failure which, inter alia, lead to the collapse of the currency (ISK). As a result, both the failed banks as well as many debtors defaulted on their obligations. This has provided for interesting case law in Iceland. The article explores Icelandic rules on default interest on monetary claims in foreign currency. The main issue at hand whether Icelandic or foreign law is applicable. The 2001 Interest Act applies to default interest on monetary claims. The rate of the official default interest is based on the strength of the relevant currency. In states where the currency is strong the default interest is usually lower than in states that have a weaker currency. Accordingly, if a foreign currency monetary claim accrues default interest under Icelandic law, the creditors’ return can be much higher or lower than under the law of the state of the currency of payment, depending on the strength of that currency. It is, therefore, pivotal to determine which law is applicable to the contract. In the absence of express choice of law, the rules of Icelandic private international law decide what is the prevailing law of the contract. The relevant law is the 2000 Act on the Choice of Law in Contracts which materially corresponds to the 1980 Rome Convention on the law applicable to contractual obligations. The Supreme Court of Iceland has held that the prevailing law of the contract is also the applicable law of the default interest on a foreign currency monetary claim. This is also the prevailing view of courts in most of foreign jurisdictions. Article 78 of the United Nations Convention on Contracts for the International Sale of Goods (CISG) only states that if a party fails to pay the price or any other sum that is in arrears, the other party is entitled to interest on it. However, it is silent on the interest rate. On the other hand, the UNIDROIT Principles of International Commercial Contracts, 7.4.9(2), the Principles of European Contract Law, PECL 9:508(1), the Draft Common Frame of Reference, DCFR III. – 3:708, as well as the Common European Sales Law (CESL) address the problem with an explicit rule that states that the interest shall be the average bank short-term lending rate to prime borrowers prevailing for the currency of payment at the place for payment. Résumé: Un problème juridique qui se pose régulièrement dans le cas de manquement aux obligations monétaires dans les contrats internationaux, ou dans les contrats contenant un élément étranger, est de savoir quelle loi appliquer aux taux d’intérêts de retard. Ceci est d’une importance majeure dans la mesure où les taux d’intérêts de retard peuvent varier énormément selon les pays. L’Islande a été durement touchée par la crise financière de 2008, spécialement par les répercussions des faillites de ses banques qui ont notamment conduit à l’effondrement de la devise (ISK). Par voie de conséquence, les banques en faillite, ainsi que de nombreux débiteurs, n’ont pas respecté leurs obligations. Cette situation a fourni une intéressante jurisprudence en Islande. Le présent article étudie les réglementations islandaises concernant les interest de retard sur des créances pécuniaires en monnaie étrangère. La question essentielle est de savoir si c’est la loi islandaise ou la loi étrangère qui s’applique. La ‘Loi sur
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Yang, Honglin, Erbao Cao, Kevin Jiang Lu, and Guoqing Zhang. "Optimal contract design for dual-channel supply chains under information asymmetry." Journal of Business & Industrial Marketing 32, no. 8 (October 2, 2017): 1087–97. http://dx.doi.org/10.1108/jbim-01-2016-0007.
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Purpose The aim of this paper is to investigate the effect of information asymmetry on revenue sharing contracts and performance in a dual-channel supply chain. First, the authors model the optimum revenue sharing contract in a dual-channel supply chain under both the full information case and the asymmetric information case. Second, they contrast the optimal decisions of a dual-channel supply chain between the full information case and the asymmetric information case. Third, they explore the impact of asymmetric cost information on the performance of a dual-channel supply chain and investigate the information value. Design/methodology/approach The authors present two main issues associated with revenue sharing contracts to alleviate manufacturer–retailer conflicts in a dual-channel supply chain. In the first issue, a revenue sharing contract is designed in a dual-channel supply chain under asymmetric cost information conditions, based on the principal-agent model. In the second issue, an optimal revenue sharing contract under full information conditions, based on the Stackelberg game is discussed. They explore the impact of asymmetric cost information on the performance of a dual-channel supply chain and investigate the information value based on comparative static analysis. Findings First, the direct sale price is unchanged and independent of the retailer’s cost construct, but the wholesale price increases and the retail sale price does not decrease under asymmetric cost information. The information asymmetry leads to higher direct sale demand and lower retail sale demand. Second, information asymmetry is beneficial for the retailer, but imposes inefficiency on the manufacturer and the whole supply chain. Third, the performance of the dual-channel supply chain is improved if the retailer’s cost information is shared and the dual-channel supply chain reaches coordination. The retailer is willing to share its cost information if the lump sum side payment that the manufacturer offers can make up the retailer’s reduced profit due to sharing this information. Originality/value The authors proposed a contract menus design model in a dual-channel supply chain. They examine how information asymmetry affects optimal policies and performance. They compared the optimal policies under symmetric information and asymmetric information. Conditions under which the partners prefer sharing information are identified. They quantified the information value from the points of partners and the whole system.
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Kim, Sang Man. "A comparative study of the CISG and the North Korean contract law as to formation of a contract." Journal of International Trade Law and Policy 19, no. 1 (February 27, 2020): 36–50. http://dx.doi.org/10.1108/jitlp-07-2019-0046.
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Purpose North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the understanding of North Korean laws, in particular, the contract law for sale. This paper aims to compare the CISG and the North Korean contract law as to the formation of a contract focusing on form and writing requirement, offer and acceptance. Design/methodology/approach This paper analyzes the provisions of the North Korean Civil Code and the CISG and reviews the previous research studies concerning the formation of a contract. Findings The CISG and the North Korean Civil Code are very similar in many aspects as to the formation of a contract. However, there are some discrepancies as to the formation of a contract to which the parties need to pay attention in choosing the governing law. Practical implications The parties need to pay attention to the differences concerning the formation of a contract between the North Korean Civil Code and the CISG in concluding a contract for sale with North Korea. Originality/value This paper will be the first research work, to the best of the author’s knowledge, on the comparison of the CISG and the North Korean contract law as to the formation of a contract.
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Zareshahi, Ali. "A Comparative Study of Damages and Price Reduction Remedy for Breach of Sale Contract under CISG, English and Iranian Laws." Journal of Politics and Law 9, no. 10 (November 30, 2016): 126. http://dx.doi.org/10.5539/jpl.v9n10p126.
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<p class="cc">In order to discourage people from breaching a contract and also to compensate the injured party for any losses, the law provides several remedies for breach of contract. One of these remedies is price reduction. In this study, we aims to compare the rules of Iranian law for price reduction remedy with those provided by Convention on Contracts for the International Sale Of Goods (CISG), and English law. English law has set detailed rules for rewarding damages for breach of contract , while Iranian law has generally-defined rules. The legislator has not determined not only the types of damage, but also the criteria for assessment of the damage. The remedies provided for price reduction in the CISG for breach of contract has been adapted to requirements of international trade, while In Iranian law there is no clear rules for this purpose, except three rules including a) Giving property to the buyer instead of money, (b) Compensation for loss of legitimate business involved to the buyer, and (c) Compensation for delayed payment to the buyer.</p>