Contracts for the Sale of Goods A Comparison of U.S. and International Law

by Gabriel, Henry Deeb

• ISBN13: 9780195333497
• ISBN10: 0195333497
• Edition: 2nd
• Format: Hardcover
• Copyright: 2008-12-22
• Publisher: Oxford University Press

Summary

Contracts for the Sale of Goods delivers a detailed analysis and in-depth comparison of the substantive law for the sale of goods in domestic and international transactions. Practitioners, academics, and anyone involved in the sale or purchase of goods in the international market will needthis thorough analysis of both the text of the United Nations Convention on Contracts for the International Sale of Goods (CISF) and the cases that have addressed and interpreted the CISG. Contracts for the Sale of Goods provides a complete discussion and comparison of the UNIDROIT Principles ofInternational Commercial Contracts including the new provisions on setoff, assignment, and limitation periods, as well as a comparative treatment of the CISG and the UNIDROIT Principles to the articles of the Uniform Commercial Code. Both practitioners and academics will find the clarity and easeof access useful to the comparative legal analysis in this book. Of particular note is the style and format which allows the reader to find the relevant provisions and cross-references quickly and accurately. Contracts for the Sale of Goods provides you with all relevant materials in one source,with the text following the structure of the Convention for clarity and convenience Access the Incoterms 2000, the complete texts of Article Two and the PIC, and a list of parties to the CISG. Moreover, the text is structured to provide the answers first, then supplement this with the underlyingpurpose and rationale for the rules. This allows the reader the ability to locate the correct law quickly, but also allows the reader to delve further into the law if desired.

Author Biography

Henry Deeb Gabriel is the DeVan Daggett Professor of Law, Loyola University, New Orleans A nationally and internationally recognized expert in commercial law, he is an elected member of the Council of the International Institute for the Unification of Private Law (UNIDROIT), a member of the Working Group of Draft the Principles of International Commercial Law, and he serves as a delegate from the US to the UN Commission on International Trade Law. He was the reporter for the revisions of the sales and leases of the UCC as well as the chair of the revision committee to revise the articles on documents of title. An appointed member of the National Conference of Commissioners on Uniform State Laws, he also was on the drafting committee of the Uniform Electronic Transactions Act.

Table of Contents

Introduction

The United Nations Convention on Contracts for the International Sale of Goods

The Uniform Commercial Code and the Law of Sales

The UNIDROIT Principles of International Commercial Law

A Structural Comparison of Article Two, the Convention, and the UNIDROIT

Detailed Comparison of the Convention, the Unidroit Priniciples, and Article Two of the U.C.C.

Sphere of Application and General Provisions

Sphere of Application

General Provisions

Formation of the Contract

Sale of Goods

General Provisions

Obligations of the Seller

Obligations of the Buyer

Passing of Risk

Provisions Common to the Obligations of the Seller and of the Buyer

Final Provisions

Set Off

Limitation Periods

Assignment of Rights and Transfer of Obligations

The International Chamber of Commerce: Incoterms 2000 - The Terms and Their Usage

Introduction

Ex Works, (. . . named place)

Main Carriage Unpaid

Main Carriage Paid Group

Arrival or Delivery Ex-Ship (Name port of arrival)VII

Appendices

Article Two of the UCCUniform Commercial code Article 2 - Sales (As Amended in 2003)

Short Title, General Construction and Subject Matter

Form, Formation, Terms and Readjustment of Contract; Electronic Contracting

General Obligation and Construction of Contract

Title, Creditors, and Good-Faith Purchasers

Performance

Breach, Repudiation, and Excuse

Remedies

Unidroit Principles of International ContractsPreamble - Purpose of the Principles

General Provisions1.1 Freedom of Contract

Formation

Validity

Interpretation

Content

Performance

Non-Performance

Table of Corresponding Provisions of the CISG, The UNIDROIT Principles and the Uniform Commercial Code

Parties to the United Nations Convention on Contracts for the International Sale of Goods

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