ABSTRACT

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Quo Vadis CISG ? - Celebrating the 25th anniversary of the United Nations Convention on Contracts for the International Sale of Goods

Author: Edited by Franco FERRARI

Type: Droit de la concurrence

ref: D2005N

Pages: 323

Description:

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LIVRE EN ANGLAIS

There is no better occasion than the 25th anniversary of the United Nations Convention on Contracts for the International Sale of Goods to examine whether and, if so, to what extent that Convention has reached its goal of unifying the law of international sale of goods.

By giving an account of how that Convention has been applied in the various countries, the papers published in this book allow the reader to access the degree of uniformity reached and, ultimately, determine how successful that Convention really is.

It is accepted that one should not read the Convention from a domestic law perspective but rather in an autonomous manner.
In interpreting the CISG one should not make reference to the definitions generally attached to certain expressions within particular national legal systems. The drafters of the CISG included a well known provision, Article 7(1), which provides that when interpreting the CISG “regard is to be had to its international character and to the need to promote uniformity in its application”. As such, it is of great interest to consider whether or not national courts have complied with Article 7(1) CISG.

This book, with the cooperation of several prestigious authors, provides an authoritative review of the application of the Convention in a number of very important legal systems including in the US, Latin America, the Netherlands, Scandinavia, Germany, Spain, Austria and Australasia.

- I.GENERAL ISSUES
Do Courts Interpret the CISG Uniformity? - Franco FERRARI
Opting out: Some Observations on the Occasion of the CISG’s 25th Anniversary - Filip DE LY
Remedies for Breach of Contract under the 1980 Convention on Contracts for the International Sale of Goods (CISG) - Marco TORSELLO

- II.APPLICATIONS OF THE CISG
The CISG in U.S. Courts: The Evolution (and Devolution) of the Methodology of Interpretation - Harry M. FLECHTNER
Some Misunderstandings about the U.N. Sales Convention in Latin America - Alejandro M. GARRO
The Application of the CISG in Dutch Courts - André JANSSEN
CISG Case Law in Scandinavia - Joseph LOOKOFSKY
CISG in the German Federal Civil Court - Ulrich MAGNUS
Spanish Case Law on the CISG - Pilar PERALES VISCASILLAS
The CISG before Austrian Courts - Willibald POSCH and Ulfried TERLITZA
The CISG in Australasia – An Overview - Bruno ZELLER