Retention Of Title Clauses In Sale Of Goods Contracts In Europe
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| Author | : Iwan Davies |
| Publisher | : Routledge |
| Total Pages | : 168 |
| Release | : 1999 |
| Genre | : Business & Economics |
| ISBN | : |
ROTs stand at the junction of so many aspects of substantive law, including contract, sale of goods, trusts, personal property security and company charges. This book identifies these concepts as they apply in 14 European Jurisdictions. As such it is the first available work to set out ROTs as a phenomenon in the Commercial Law in Europe, providing an accessible point of easy reference for anyone working in the field. Each essay is written by experts in the field within their own Jurisdiction.
| Author | : Iwan Davies |
| Publisher | : Routledge |
| Total Pages | : 143 |
| Release | : 2017-03-02 |
| Genre | : Law |
| ISBN | : 135190373X |
The book sets out the characteristics and nature of Retention of Title Clauses in the UK and 14 other European countries. ROTs stand at the junction of so many aspects of substantive law, including contract, sale of goods, trusts, personal property security and company charges. This work identifies these concepts as they apply in each Jurisdiction considered. At present there is no work which sets out ROTs as a phenomenon in the Commercial Law of Europe and there is no point of easy reference for anyone working in the field in this regard. An obvious virtue of this work is that it makes the law accessible. Each essay is written by experts in the field within their own Jurisdiction.
| Author | : Gerard McCormack |
| Publisher | : Cambridge University Press |
| Total Pages | : 446 |
| Release | : 2004-06-14 |
| Genre | : Business & Economics |
| ISBN | : 9780521826709 |
McCormack examines English law on Secured Credit, highlighting its weaknesses, and evaluating possible remedies. Contains the text of Article 9.
| Author | : Alexander von Ziegler |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 506 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 9041131345 |
Including law from Australia, Austria, Brazil, Canada, Chile, China, Denmark, England, Finland, France, Germany, India, Italy, Japan, Republic of Korea, Netherlands, Norway, Russia, South Africa, Spain, Sweden, Switzerland, And United States of America (U.S.A.)
| Author | : Sally Wheeler |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 1991 |
| Genre | : Commercial law |
| ISBN | : 9780198257370 |
This book examines the phenomenon of reservation of title clauses in commercial contracts and looks at the impact of these clauses upon the transactions of which they form a part. With the aid of data gathered from a field survey it also examines the impact of these clauses in situations ofinsolvency and the strategies employed by insolvency practitioners to counteract their effect.This subject is of increasing interest and importance for legal teaching and research and the book meets the demand for an integrated, readable study of insolvency practice.
| Author | : Study Group on a European Civil Code |
| Publisher | : sellier. european law publ. |
| Total Pages | : 406 |
| Release | : 2008 |
| Genre | : Civil law |
| ISBN | : 3866530595 |
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
| Author | : Jorge Balmaceda |
| Publisher | : Cambridge Scholars Publishing |
| Total Pages | : 456 |
| Release | : 2020-04-02 |
| Genre | : Law |
| ISBN | : 1527549127 |
This book describes how the international sales of goods have generally been ruled by either English Law or Civil Law, which has often posed problems due to different approaches regarding certain principles and institutions. It clarifies how the Vienna Convention on Contracts for the International Sale of Goods of 11th April, 1980, tried to harmonise these differences with a codification technique, typical of civil law, giving privilege to rules of civil law most of the time, but also introducing institutions from common law, that are not incompatible with civil law. It explains why the general principles of civil law and of UNIDROIT help with this goal of harmonisation, integrating the loopholes of the UN Convention on Contracts for the International Sale of Goods (CISG) during its interpretation. The work demonstrates why codification prevails over common law in the CISG most of the time, giving certitude and sophistication to this matter, which is vital for global commerce.
| Author | : Petri Mäntysaari |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 429 |
| Release | : 2009-11-11 |
| Genre | : Law |
| ISBN | : 3642030556 |
1. 1 Investments, Generic Contracts, Payments According to Volume I, contracts are one of the five generic legal tools used to manage cash flow, risk, agency relationships, and information. Many investments are therefore based on one or more contracts. Obviously, the firm should draft good contracts. Good drafting can ensure the same intended cash flow with reduced risk. Bad drafting can increase risk. This volume attempts to deconstruct contracts used by non-financial firms and analyse them from a cash flow, risk, agency, and information perspective. The starting point is a generic contract, i. e. a contract which does not belong to any particular contract type (Chapters 2–7). This volume will also focus on payment obligations. Payment obligations are characteristic of all financial instruments, and they can range from simple payment obligations in minor sales contracts and traditional lending contracts (Chapters 8– 11). 1. 2 Particular Contract Types A number of particular contract types have been discussed in the other volumes of this book. (1) A certain party’s investment contract can be another party’s fu- ing contract. Particular investment contracts will therefore be discussed in Volume III in the context of funding. (2) Many contracts are necessary in the context of business acquisitions discussed in Volume III. (3) Multi-party contracts are c- mon in corporate finance. The firm’s contracts with two or more parties range from syndicated loans to central counterparties’ contracts. Such contracts will be discussed both in Chapter 12 and Volume III.
| Author | : Donald Harris |
| Publisher | : Cambridge University Press |
| Total Pages | : 692 |
| Release | : 2002-03 |
| Genre | : Law |
| ISBN | : 9780521606059 |
Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.
| Author | : M.W. Mosselman |
| Publisher | : |
| Total Pages | : 524 |
| Release | : 2015 |
| Genre | : |
| ISBN | : 9789462510654 |
This book covers the most important legal issues when conducting business abroad. The first part covers European law with a focus on the institutions of the European Union, the four freedoms and competition law. The second part focuses on individual international contracts. This part starts with the legal environment of the business transaction. The political and policy risks of doing business abroad are explained, as well as how they should be addressed. It continues with entry strategies in foreign markets and then goes on to focus on the individual contract of sale. A wide range of subjects are covered, including general conditions of sale, retention of title, the CISG, product safety and product liability, Incoterms, contract of carriage, jurisdiction, choice of law and arbitration, standard contract clauses and payment conditions. This book takes a practical approach and contains examples and exercises. The book does not pretend to be the ultimate guide: the field of international commercial law in particular is vast, and has many different angels. However, it does try to explain the main pitfalls of doing business in foreign countries and how to avoid them.
