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The CISG Convention and Domestic Contract Law: Harmony, Cross-Inspiration, or Discord?

The CISG Convention and Domestic Contract Law: Harmony, Cross-Inspiration, or Discord?

  • 作者:
  • 出版商: DJOF Publishing
  • ISBN: 9788757433760
  • 出版时间 February 2015
  • 规格: Hardback
  • 适应领域: Denmark ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    This book gathers contributions that shed light on the interrelationship between key features of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and domestic sales and contract law.

    The contributions in this book from the University of Copenhagen’s Centre for Commercial Law, cast new light on the interrelationship between key features of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and domestic sales and contract law.

    The Nordic region has a special interest in this project, as 2014 marks the 25th anniversary of the ratification of the CISG in most of the Nordic Countries. But the interaction between the CISG and domestic law is not merely a Scandinavian concern. CISG Article 7 expressly requires that in the interpretation of the CISG, “regard is to be had to its international character and to the need to promote uniformity in its application”. With particular emphasis on issues relating to Contract Formation, Conformity of Goods and Hardship, the authors discuss how CISG rules and principles impact on or are influenced by domestic sales and contract law, both in the Nordic region and elsewhere.

  • PART I: TRANSPLANTING THE AGREEMENT PRINCIPLE TO PROMISE-PRINCIPLE SOIL
    Chapter 1. The New Nordic Approach to CISG Part II: Pragmatism Wins the Day? –
    by Jan Kleineman
    Chapter 2. CISG Article 16: A Well-placed Principle in the Law of Contract Formation? –
    by Mads Bryde Andersen
    Chapter 3. CISG Article 16 and Nordic Domestic Law: Some Challenges of Contract Formation Rules in
    International Sales Law – by Berte-Elen R. Konow
    Chapter 4. Comment: A Pragmatic Approach to Contract Formation – by Sverre Blandhol
    Chapter 5. Article 19 CISG & Scandinavian Domestic Law: Conflict or Peaceful Coexistence? –
    by Kasper Steensgaard
    Chapter 6. Article 19 CISG & Scandinavian Domestic Law: Conflict or Peaceful Coexistence? –
    by Torgny Håstad

    PART II: CONFORMITY OF GOODS
    Chapter 7. “Domestication” of Article 35(2)(a) CISG? - by Franco Ferrari
    Chapter 8. The Relationship between the Sections and Subsections of CISG Article 35 in Literature, Case Law
    and Domestic Contract Law: Harmony, Cross-Inspiration or Discord? –
    by René Franz Henschel
    Chapter 9. The Influence of Domestic Public Law Requirements on the Application of Article 35 CISG – by
    Sonja Kruisinga
    Chapter 10. Cator Can’t Compete: Caveat Emptor under CISG Article 35(3)? –
    by Joseph Lookofsky
    Chapter 11. Some Remarks on the Caveat Emptor Rule under the CISG – in Cator's Case and Others – by
    Morten M. Fogt
    Chapter 12. Post-Contractual Inspection & Timely Notification – Impact of Domestic Sales Conceptions on
    Articles 38 and 39 – by Ulrich Magnus
    Chapter 13. Post-Contractual Inspection & Timely Notification – by Johnny Herre

    PART III: LIABILITY EXEMPTIONS AND HARDSHIP
    Chapter 14. CISG Article 79: Getting Scafomed – by Harry Flechtner
    Chapter 15. CISG Article 79: Internationalization and Domestication – by Loukas Mistelis
    Chapter 16. CISG Article 79 and Hardship – by Torsten Iversen
    Chapter 17. Additional payment based on “hardship” in “construction sales contracts” (EPC-contracts)
    governed by CISG? – by Amund Bjøranger Tørum

    PART IV: APPENDICES
    List of Contributors
    List of Abbreviations
    The Nordic Contracts Act - Translated by Sandro Nielsen from its Danish version
    Index of Selected Court Cases
    Index of Rules and Topics

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