Interpretation and Gap Filling in International Commercial Contracts

Interpretation and Gap Filling in International Commercial Contracts
Author: Ayse Nihan Karadayi Yalim
Publisher:
Total Pages: 213
Release: 2019
Genre: Commercial law
ISBN: 9781780689760

With the growth of cross-border business, the rather important but complex and controversial topic of interpretation and gap filling in international commercial contracts receives more and more attention. International legal instruments such as CISG, UNIDROIT Principles, PECL and DCFR provide rules in order to interpret international commercial contracts in a uniform way. However, while these instruments may bring together already existing national concepts, they must of course be understood beyond the domestic concepts and approaches as such. This book is an autonomous comparison across the above-mentioned international legal instruments, with a focus on the rules on interpretation and gap filling that provides the necessary theoretical background and case law to understand the rules in practice. Interpretation and Gap Filling in International Commercial Contracts examines the uniform and harmonised set of rules in their own right; without comparison to national laws, but in their own unique setting of international commercial contracts. It is a practical user guide for both scholars and practitioners. Dr Ayse Nihan Karadayi is a postdoctoral researcher on international contract law at the University of Antwerp, Belgium.

An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law

An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
Author: John Felemegas
Publisher: Cambridge University Press
Total Pages: 223
Release: 2007-01-08
Genre: Law
ISBN: 1139462954

In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.

CISG Methodology

CISG Methodology
Author: André Janssen
Publisher: Walter de Gruyter
Total Pages: 408
Release: 2009-04-27
Genre: Law
ISBN: 3866537220

The CISG is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 contracting states. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application", it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that whilst the number of contracting states is constantly increasing so too is the threat of variation in application. In this book the most important issues of the CISG's methodology are analysed by leading experts from five continents. Whereas some authors provide a thorough analysis of the central topics of interpretation, others enter almost uncharted territories.

CISG Methodology

CISG Methodology
Author: Andre Janssen
Publisher: sellier. european law publ.
Total Pages: 408
Release: 2009
Genre: Business & Economics
ISBN: 3866530706

The Convention on Contracts for the International Sale of Goods (CISG) is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 Member States. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application," it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that while the number of Member States is constantly increasing, so too is the threat of variation in application. In this book, the most important issues of the CISG's methodology are analyzed by leading experts from five continents. Some contributors provide a thorough analysis of the central topics of interpretation while others enter almost uncharted territories.

An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law

An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
Author: John Felemegas
Publisher: Cambridge University Press
Total Pages: 544
Release: 2007-01-08
Genre: Law
ISBN: 9780521868723

In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.

Review of the Convention on Contracts for the International Sale of Goods (CISG) 2002-2003

Review of the Convention on Contracts for the International Sale of Goods (CISG) 2002-2003
Author: Michael Maggi
Publisher: Kluwer Law International B.V.
Total Pages: 347
Release: 2004-01-01
Genre: Law
ISBN: 9041122761

Nations in all regions of the world today share a common international sales law, The United Nations Convention on Contracts for the International Sale of Goods (CISG). The Convention was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by a diplomatic conference on 11 April 1980. Since then, the number of countries that have adopted the CISG account for over two-thirds of all world trade. The area of international sales law continues to grow as technology and development take us to a global economy. As such, the study of the CISG has become an integral component of this ever-growing area of international commercial law. The Review of the CISG is published once yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book seeks to compile translations of recent decisions as well as commentaries of notable cases relating to the CISG. The Review of the CISG provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars.

Convention on Contracts for the International Sales of Goods (CISG)

Convention on Contracts for the International Sales of Goods (CISG)
Author: Joseph Lookofsky
Publisher: Kluwer Law International B.V.
Total Pages: 253
Release: 2020-10-20
Genre: Law
ISBN: 9403526947

Also sometimes referred to as the Vienna Sales Convention, the Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The Convention, which first entered into effect in 1988, is the first sales law treaty to win acceptance on a worldwide scale. The current list of more than 90 Contracting States accounts for more than three-fourths of all world trade. The importance of the CISG in the international arena is underlined by thousands of reported decisions where the CISG has been held to apply, thus evidencing the conduct of countless international traders who-by default or by express choice-regularly subject their sales contracts to the Convention regime. The CISG has also impacted on sales legislation at national and regional (e.g. EU) levels. With this monograph as their guide, lawyers and scholars who deal with international sales contracts and sales contract disputes will obtain an excellent overview of the Convention, as well as valuable information as to all its 101 Articles, compromising key topic areas such as the following: Determining when the CISG applies; Freedom of contract under Article 6; Interpretation of the Convention and of CISG contracts; Sales contract formation, validity, defences to enforcement; Obligations of the parties, including conforming delivery & notice of non-conformity; Liability and remedies for breach, including specific performance, damages, avoidance/termination; Liability exemptions; Reservations under Articles 92-96. The Third Edition of this IEL monograph takes account of the latest scholarly commentary as well as key CISG case law worldwide.