The CISG and its Impact on National Legal Systems

The CISG and its Impact on National Legal Systems
Author: Franco Ferrari
Publisher: Walter de Gruyter
Total Pages: 500
Release: 2009-04-27
Genre: Law
ISBN: 3866537298

In force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is considered to be the most successful convention promoting international trade. According to many commentators, this success is due, among others, to the fact that the Convention does not directly impact on the domestic law of the various legal systems, as it applies only to international - as opposed to purely domestic - contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convention does not have any impact on the domestic law at all. This book analyzes - through 24 country reports as well as a general report submitted to the 1st Intermediate Congress of the International Academy of Comparative Law held in November 2008 in Mexico City - to what extent the Convention de facto influences domestic legal systems. In particular, the book examines the Convention's impact on the practice of law, the style of court decisions as well as the domestic legislation in the area of contract law.

Warranty Obligations in Western France, 1040–1270

Warranty Obligations in Western France, 1040–1270
Author: M.W McHaffie
Publisher: Springer Nature
Total Pages: 140
Release: 2023-02-11
Genre: Law
ISBN: 3031145178

This open access book examines warranty obligations in western France during the central Middle Ages. Warranty refers to the commitments that an individual undertook when alienating property to protect the transfer from outside challenge, and to provide compensation if they failed to defend a transaction successfully. The subject has never received a full-length study before, meaning that scholars’ interpretation of warranty is marred by a number of untested generalisations. Warranty has generally only been viewed as a thirteenth-century development owing to the influence of Roman law and changes in family structure. This book, therefore, considers the evidence for warranty in western France en masse, starting with the first appearance of warranty clauses in documents in the 1040s up until the compilation of vernacular lawbooks in the 1270s. This book opens a window onto legal practice in the central Middle Ages, raising questions about wider processes of legal change. It emphasises the importance of lordship, in particular, when it comes to making sense of how and why warranty obligations developed the way they did. It thus challenges the prevailing explanatory narratives invoked by scholars when discussing warranty, and invites us to ask questions about the sorts of stories we tell when looking at legal change. Combining documentary and prescriptive lawbooks, along with a rich corpus of case material, this book offers a comprehensive account of a little-studied phenomenon, one that can elucidate much larger interpretative questions that are central to French legal history.

Excommunication for Debt in Late Medieval France

Excommunication for Debt in Late Medieval France
Author: Tyler Lange
Publisher: Cambridge University Press
Total Pages: 323
Release: 2016-03-24
Genre: History
ISBN: 1316565378

Late medieval church courts frequently excommunicated debtors at the request of their creditors. Tyler Lange analyzes over 11,000 excommunications between 1380 and 1530 in order to explore the forms, rhythms, and cultural significance of the practice. Three case studies demonstrate how excommunication for debt facilitated minor transactions in an age of scarce small-denomination coinage and how interest-free loans and sales credits could be viewed as encouraging the relations of charitable exchange that were supposed to exist between members of Christ's body. Lange also demonstrates how from 1500 or so believers gradually turned away from the practice and towards secular courts, at the same time as they retained the moralized, economically irrational conception of indebtedness we have yet to shake. The demand-driven rise and fall of excommunication for debt reveals how believers began to reshape the institutional Church well before Martin Luther posted his theses.

The Law of Business Contracts in the Arab Middle East

The Law of Business Contracts in the Arab Middle East
Author: Comair-Obeid
Publisher: BRILL
Total Pages: 255
Release: 2023-11-27
Genre: Law
ISBN: 9004634908

This book is a basic treatise for those practising and arbitrating in the legal and commercial aspects of business in Middle East Countries. It examines the influence of traditional Islamic law on modern legislation as it affects trade, contracting, banking and financial operations. This book is highly topical and serves the needs of academics, of legal practitioners and of contractors.