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9780521849807

International Sales Law: A Critical Analysis of CISG Jurisprudence

by
  • ISBN13:

    9780521849807

  • ISBN10:

    0521849802

  • Format: Hardcover
  • Copyright: 2005-09-05
  • Publisher: Cambridge University Press

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Summary

This book is the product of extended research by five scholars working in the area of private international law. It provides a comprehensive review and analysis of the jurisprudence surrounding the United Nations Convention on Contracts for the International Sale of Goods (CISG). As of 1st January 2004, 62 countries have adopted the CISG as their countries' international sales law. Since the introduction of the CISG fifteen years ago, a critical mass of interpretive jurisprudence has developed, and, given its importance now as the world's preeminent sales law, the authors believed that a fresh analysis of the evolving case and arbitral law was now needed. The analysis in the book is undertaken at two levels - the practical interpretation of the CISG and the theoretical limits of interpretation of supranational conventions.

Table of Contents

Preface xi
Acknowledgments xiii
1 INTRODUCTION
1(18)
CISG as International Convention
8(2)
Principle of Uniformity
10(9)
Strict or Absolute Uniformity versus Relative Uniformity
10(1)
Uniformity through Original or Autonomous Interpretation
11(2)
CISG as Soft Law: Uniformity through the Prism Customary International Law
13(6)
2 CISG METHODOLOGY AND JURISPRUDENCE
19(13)
Interpretive Methodology
22(1)
General Principles
23(6)
Principle of Good Faith
27(2)
General Default Rules and Specific Default Rule Creation
29(3)
3 FORMATION: WRITING REQUIREMENTS
32(19)
Precontractual Liability
32(6)
Writing Requirements and the Parol Evidence Rule
38(13)
The Writing Requirements of Articles 11 12, and 13
40(3)
Parol Evidence: National Courts and Articles 11 and 29
43(23)
Admissibility of Parol Evidence
44(1)
Types of Extrinsic Evidence
45(2)
Contract Modification
47(4)
4 FORMATION: OFFER AND ACCEPTANCE RULES
51(25)
Offer Rules and Open Price Term: Articles 14 and 55
53(6)
Firm Offers: Articles 15-17 and 20-24
59(1)
Rules of Acceptance: Article 18
60(6)
Battle of the Forms
66(10)
National Courts and Article 19
67(9)
5 OBLIGATIONS OF BUYERS
76(25)
The Duty to Inspect, Give Notice, and Preserve Goods
76(17)
Inspection Duties and Rights: Article 38
78(6)
Notice of Nonconformity: Article 39
84(7)
Reasonable Excuse: Article 44
91(2)
Payment of Price and the Taking of Delivery
93(8)
Formalities of Payment: Article 54
94(1)
Price: Article 55
95(2)
Place of Payment: Article 57
97(2)
Time of Payment: Article 58
99(2)
6 OBLIGATIONS OF SELLERS
101(20)
The Duty of Delivery
101(6)
Place of Delivery: Article 31
104(3)
Time of Delivery: Article 33
107(1)
Express and Implied Warranties
107(14)
Warranties: Article 35
110(8)
Risk of Loss and Warranties: Article 36
118(1)
Effect of Seller's Knowledge: Article 40
119(2)
7 COMMON OBLIGATIONS OF BUYERS AND SELLERS
121(11)
Passing of Risk
121(2)
Fundamental and Anticipatory Breach
123(9)
Fundamental Breach: Article 25
125(3)
Anticipatory Breach, Adequate Assurance, and installment Contracts: Articles 71-73
128(4)
8 BREACH OF CONTRACT BY SELLER
132(8)
Right to Substituted or Repaired Goods
133(1)
Right to Affix Additional Time
134(1)
Right to Avoid Contract
135(3)
Right to a Price Reduction
138(2)
9 BREACH OF CONTRACT BY BUYER
140(11)
Nachfrist Notice: Article 47
142(3)
Late Performance: Article 48
145(1)
Avoidance of Contract: Article 64
146(3)
Effects of Avoidance: Articles 81-84
149(2)
10 DAMAGES, EXCUSE, AND PRESERVATION 151(12)
Calculation of Damages: Articles 75 and 76
151(2)
Limiting Doctrines: Articles 74 and 77
153(5)
Doctrine of Foreseeability
154(2)
Attorney Fees and Debt Collection
156(1)
Doctrine of Mitigation
157(1)
Impediment (Excuse) to Performance: Article 79
158(2)
Preservation of Goods: Articles 87 and 88
160(3)
11 SUMMARY AND OBSERVATIONS 163(16)
Developing an International Jurisprudence
164(10)
Filling in the Gaps and the Fabrication of Specific Default Rules
165(1)
Particularized Express Consent
166(2)
Importance of Trade Usage in CISG Rule Application
168(3)
Importance of Notice
171(1)
Burden of Proof
172(2)
Persistence of Homeward Trend
174(3)
Summary
177(2)
TABLE OF AUTHORITIES AND CASES 179(30)
APPENDIX A: UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) (APRIL 11, 1980) 209(22)
APPENDIX B: CISG: TABLE OF CONTRACTING STATES (AS OF FEBRUARY 8, 2005) 231(2)
Index 233

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