Global Sales and Contract Law

2. Auflage 2022
ISBN: 978-0-19-887125-5
Verlag: Oxford University Press

Buch, Englisch, 1184 Seiten, Format (B × H): 181 mm x 251 mm, Gewicht: 1890 g

The second edition of Global Sales and Contract Law continues to provide comparative analysis of domestic laws of sale and contract in over sixty countries, delivering a global view of national and international sales law. The book is grounded in the practical realities of sales law, reflecting the day-to-day issues faced by practitioners. Complex questions of the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all analysed. In addition to coverage of the CISG and various national regimes, the book examines regional projects, like the the UNIDROIT PICC, the PECL, the DCFR and the PLACL, and compares differences in domestic legal approach where the CISG would not apply.

The new edition covers all the relevant case law, and factors in developments such as changes to the law of contract in Argentina, France, Hungary, and Japan, a raft of countries which have adopted the CISG since the first edition, updates to the UNIDROIT PICC, and new editions of the ICC's INCOTERMS© and force majeure and hardship clauses in 2020. International or multilateral developments that were envisaged in the original edition have now either evolved or disappeared, for example, the European Union's plan for a Common European Sales Law (CESL), as reflected in the new edition.

Encompassing all aspects of sale of goods transactions, and examining the process of a sale with relation to general contract law, the book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law remains the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a source for any practitioner dealing in international commerce.

Autoren/Hrsg.

Schwenzer, Ingeborg

Muñoz, Edgardo

Fachgebiete

• Rechtswissenschaften Bürgerliches Recht Schuldrecht Kaufvertrag, Tausch, Verbrauchsgüterkauf
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Privatrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht

Inhaltsverzeichnis

- 1: Introduction

- I. SALES LAW: DEVELOPMENT AND MODERN PRACTICE

- 2: Development of Domestic Sales Laws

- 3: Uniform Laws and Projects

- 4: Contract and the Laws

- 5: Modern Practice of International Sales Law

- II. AMBIT OF SALES LAW

- 6: General Remarks on the Ambit of Sales Law

- 7: The Concept of Goods

- 8: Identifying the Boundaries of a Sales Contract

- III. FORMATION OF THE CONTRACT

- 9: General Remarks on Contract Formation

- 10: Offer and Acceptance

- 11: Electronic Communications

- 12: Standard Terms

- 13: Agency

- 14: Modification of Contract

- IV. VALIDITY

- 15: General Remarks on Validity

- 16: Capacity to Contract

- 17: Mistake and Error

- 18: Fraud and Duress

- 19: Consequences of Mistake, Fraud, and Duress

- 20: Illegality and Immorality

- 21: Excessive Benefits and Unfair Advantages

- 22: Form Requirements

- V. PRE-CONTRACTUAL LIABILITY

- 23: General Remarks on Pre-Contractual Liability

- 24: Pre-Contractual Duties

- 25: Pre-Contractual Liability

- VI. CONSTRUCTION OF CONTRACT

- 26: Interpretation and Supplementation

- 27: Practices and Usages

- VII. OBLIGATIONS OF THE SELLER

- 28: General Remarks on Seller s Obligations

- 29: Delivery

- 30: Documents and Costs

- 31: Conformity of the Goods

- 32: Third Party Property Rights

- 33: Industrial and Intellectual Property Rights

- 34: Examination and Notice

- VIII. OBLIGATIONS OF THE BUYER

- 35: General Remarks on Buyer s Obligations

- 36: Payment

- 37: Taking Delivery

- IX. PASSING OF RISK

- 38: Passing of Risk

- X. TRANSFER OF TITLE

- 39: Transfer of Title

- 40: Transfer of Title by a Non-Owner

- XI. REMEDIES FOR BREACH OF CONTRACT

- 41: General Remarks about Remedies

- 42: Suspension of Performance

- 43: Specific Performance

- 44: Damages

- 45: Exemption

- 46: Interest

- 47: Avoidance

- 48: Price Reduction

- 49: Concurrent Remedies

- XII. UNWINDING OF THE CONTRACT

- 50: Unwinding of the Contract

- XIII. LIMITATION OF ACTIONS

- 51: Limitation of Actions

Über Autor(innen)

Ingeborg Schwenzer is a highly regarded academic teaching and writing on international sale of goods law. She is Dean of the Swiss International Law School and Professor Emerita of Private Law at the University of Basel, Switzerland. She also served as the Chair of the CISG Advisory Council between 2011 and 2018.

Edgardo Muñoz is Professor of Panamericana University, Mexico, and Course Leader for the Online LLM on International Commercial Law and Dispute Resolution at the Swiss International Law School, Basel. He has written widely on international sales law in English and Spanish.