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Commentary on the UN Sales Law

Commentary on the UN Sales Law

作者： Christoph Brunner; Benjamin Gottlieb
出版商： Kluwer Law International
ISBN: 9789041199782
出版时间 March 2019
规格： Hardback
适应领域： International ? 免责申明：
Countri(es) stated herein are used as reference only

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

The in-depth annotations deal extensively with the legal issues likely to arise under each CISG article. The annotations include up-to-date analyses of state court and arbitral decisions, the legal doctrines derived from these decisions, and relevant scholarship to date. Among the issues and topics discussed are the following:
- interface with national laws;
- scope of application;
- obligations of seller and buyer;
- non-conforming goods and duty to notify;
- breach of contract and remedies;
- damages;
- force majeure exemption; and
- termination of contract and its consequences.
This book is an updated translation of the second German edition of a valued resource in Germany, Switzerland, and Austria, and an authority regularly cited by the Swiss Supreme Court. The commentary is influenced by legal authorities from both civil law and common law backgrounds..

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

Table of Abbreviations

Preface

Introduction

Commentary on Individual Articles

Part I – Sphere of Application and General Provisions

Chapter I – Sphere of Application

Chapter II – General Provisions

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

Part III – Sale of Goods

Chapter I – General Provisions

Chapter II – Obligations of the Seller

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

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

Section III – Remedies for Breach of Contract by the Seller

Chapter III – Obligations of the Buyer

Section I – Payment of the Price

Section II – Taking Delivery

Section III – Remedies for Breach of Contract by Buyer

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

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

Section I – Anticipatory Breach and Installment Contracts

Section II – Damages

Section III – Interest

Section IV – Exemptions

Section V – Effects of Avoidance

Section VI – Preservation of the Goods

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

Annex A Table of Contracting States; Declarations or Reservations

Annex B Incoterms 2010

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

Index

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