Transfer of Risk in International Sales Contracts Under the CISG (United Nations Convention on Contracts for the International Sale of Goods), Incoterms® (International Commercial Terms) and English Law PDF Download

Author: Hamit Melen
Publisher:
ISBN: 9786050509489
Category :
Languages : en
Pages : 0

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Author: Djakhongir Saidov
Publisher: Edward Elgar Publishing
ISBN: 1786436159
Category :
Languages : en
Pages : 480

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Book Description
This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.

Author: Lauri Railas
Publisher: Kluwer Law International B.V.
ISBN: 9403521066
Category : Law
Languages : en
Pages : 310

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Book Description
Global Trade Law Series, Volume 57 The internationally accepted trade terms known as Incoterms constitute a key instrument for supply chain management. Although the terms have been used worldwide in contracts of sale for nearly a century, there is surprisingly little practical legal guidance on how to use them properly to avoid mishaps and unnecessary disputes. This book – by an expert who has been active in the formal interpretation, drafting and application of the various versions of the Incoterms since the 1990s – thoroughly explains for sophisticated users the framing and implications of each term in the complex international trade and transport environment where English is the lingua franca. Fully detailing the use of Incoterms® 2020 in contracts of sale, interacting with contracts of transport, insurance, and finance, the author provides in-depth descriptions and analyses of each of the 11 Incoterms® 2020 in the logistical order of a sales transaction, along with practical notes about the use of each term. Issues covered include the following: at which stage of a supply chain the delivery of the goods takes place; when the risk of loss or damage to the goods passes from seller to buyer; how to treat delay from the risk point of view not expressly addressed by Incoterms® 2020; who contracts for or arranges carriage and who procures insurance; role of transport documents and other delivery documents and their electronic equivalents; clearing through customs, licences, authorizations, security clearances, and other formalities; checking, packaging, and marking of the goods; how the costs involved in delivery operations are divided between seller and buyer; delivery implications relating to other parts of the contract of sale; special deliveries with insight into container deliveries, deliveries of large objects, dangerous goods, deliveries including installations, deliveries through pipelines, deliveries of software, intra-group deliveries, courier deliveries and the interface with consumer law; challenges caused by logistic bottlenecks such as those deriving from the COVID-19 pandemic; consequences of delay in delivery; economic sanctions; and use of force majeure and hardship clauses. The presentation is richly supported with many illustrations and charts and numerous case studies. Managers or professionals responsible for sales or procurement or logistics in sale of goods, including transport, freight forwarding, and marine insurance, will greatly benefit from the book’s practical guidance, as will in-house lawyers, accountants, surveyors, and other experts involved in concluding sales contracts or settling disputes in connection with them. Academics and students concerned with commercial subjects will appreciate the author’s detailed and knowledgeable treatment of the subject.

Author: Andrea Lista
Publisher: Taylor & Francis
ISBN: 1317662385
Category : Law
Languages : en
Pages : 561

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Book Description
This book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract. Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikely option for the buyer. Traders around the world very frequently choose English law to govern their contracts, with disputes to be resolved through London arbitration or litigation. The basis of that law is to be found in the English Sale of Goods Act 1979, and the book consequently also includes an examination of the fundamental principles of that Act, as well as considering use of the Vienna Convention on the International Sale of Goods. This book will be an invaluable reference point for legal practitioners specialising in the sale of goods, as well as postgraduate students and academic researchers working in sales of goods and the international trade sector.

Author:
Publisher:
ISBN: 9789211336993
Category : Business & Economics
Languages : en
Pages : 0

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Book Description

Author: James M. Klotz
Publisher: Kluwer Law International B.V.
ISBN: 9403500913
Category : Business & Economics
Languages : en
Pages : 462

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Book Description
Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is a rare international sales agreement to rely on minor variations of standard terms, as is so often the case in domestic agreements. Foreign laws, export/import and currency exchange controls, treaties, transit issues, inspection of goods, insurance, tariffs – all these and more – must be taken into account in contract negotiations. This is the third edition of an enormously useful book that guides practitioners through the process of drawing up sound agreements for the international sale of goods. Organized according to the framework of an annotated agreement, with detailed commentary on each provision, it incorporates hundreds of sample clauses designed to cover every contingency, including such factors as the following (and a great deal more): • definitions; • price adjustments; • labelling; • transportation modes; • confidentiality; • INCOTERMS; • documentation; • delivery dates; • limitation of liability; • arbitration; and • corruption. Although the clauses are drawn without reference to any particular country, relevant considerations are covered in the commentary to each clause. Appendices reprint the texts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles, and the Principles of European Contract Law. For lawyers charged with drafting an international sales contract, this book is invaluable. Clause by clause, it clearly details the drafting process, commenting expertly on every issue likely to arise. It would be hard to find a more useful guide.

Author: Ingeborg Schwenzer
Publisher: Oxford University Press, USA
ISBN: 0199572984
Category : Business & Economics
Languages : en
Pages : 1069

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Book Description
This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.

Author: Michael G. Bridge
Publisher: Oxford University Press, USA
ISBN: 9780198792703
Category : Law
Languages : en
Pages : 0

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Book Description
"[This book's] dual coverage of contracts under English law and the CISG is a valuable benefit for those interested in all types of sale of goods contracts, including the sale of commodities. The...commentary provides analysis on decided cases as well as on standard form contracts which represent evolving trade practice. In addition to matters of contract law, the book considers relevant property law, most notably addressing those issues arising out of the use of documents of title, such as marine bills of lading. The rights and duties of buyer and seller are explained in depth, and the relationship of sale contracts to other contracts, such as charter parties and letter of credit contracts, is rigorously examined. The book deals with issues of frustration and force majeure, the passing of property and risk, and remedies. The new edition provides expanded coverage of remedies, the passing of property, and the CISG, and gives even greater focus to the standard form contracts. All important recent decisions are considered and particularly those relating to interpretation and implied terms and the bunkers litigation."--

Author: Javier Plaza Penadés
Publisher: Springer
ISBN: 3319104977
Category : Law
Languages : en
Pages : 311

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Book Description
This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.​

Author: Andrew Burrows
Publisher: Oxford University Press
ISBN: 0191063282
Category : Law
Languages : en
Pages :

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Book Description
Principles of English Commercial Law provides students with a high-quality overview of this key area of English law. Drawing together updated chapters from the third edition of English Private Law, the subjects covered include the law on agency, sale of goods, carriage of goods by sea, carriage of goods by air and land, insurance, banking, bailment, security, and insolvency. Written by a team of acknowledged experts, the chapters give a clear, simple, and accurate overview of the guiding principles and rules of English commercial law, a vital topic in law degrees and on professional courses. Whether looking for an accessible, conceptual introduction to the area or a handy revision reference, students will find this book invaluable.