Exemptions for the Non-performance of Contractual Obligations in CISG Article 79 - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Exemptions for the Non-performance of Contractual Obligations in CISG Article 79 write by Peter J. Mazzacano. This book was released on 2014. Exemptions for the Non-performance of Contractual Obligations in CISG Article 79 available in PDF, EPUB and Kindle. "The premise of this dissertation is that Article 79 of the UN Convention on Contracts for the International Sale of Goods-which concerns exemptions for contractual non-performance due to an ""impediment"" beyond a party's control-should be interpreted autonomously, that is, as an international norm, without reference to domestic legal concepts and principles. To this end, this dissertation considers the application of Article 79 by courts and arbitral tribunals across a number of signatory states. By studying the treatment of Article 79 by the courts and arbitral tribunals of various states, differences in doctrine and case law have been discerned. The extent of conceptual differences towards the doctrine of excuses for nonperformance also helps to determine whether the CISG's goal of uniformity is achievable. This research concludes that there has been a convergence in the treatment of Article 79, and this supports the premise that a legal doctrine-in this case, the excuse for non- performance-germinating in various legal systems, ultimately evolved into an autonomous principle, towards a conceptual goal of uniformity in a body of international commercial law, regardless of its unique development in separate and distinct legal jurisdictions. "
Issues Relating to Exemption ('Force Majeure') Under Article 79 of the United Nations Convention on Contracts for the International Sale of Goods ('CISG').
Issues Relating to Exemption ('Force Majeure') Under Article 79 of the United Nations Convention on Contracts for the International Sale of Goods ('CISG'). - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Issues Relating to Exemption ('Force Majeure') Under Article 79 of the United Nations Convention on Contracts for the International Sale of Goods ('CISG'). write by Harry M. Flechtner. This book was released on 2008. Issues Relating to Exemption ('Force Majeure') Under Article 79 of the United Nations Convention on Contracts for the International Sale of Goods ('CISG'). available in PDF, EPUB and Kindle. The posting contains drafts excerpts from a forthcoming new (4th) edition of John Honnold's treatise Uniform Law for International Sales under the 1980 United Nations Convention. The posting is comprised of new materials proposed to be inserted in the discussion of Article 79 (Exemption) of the United Nations Convention on Contracts for the International Sale of Goods. This article, discussed in §§ 423 et. seq. of Professor Honnold's treatise, is a force majeure provision providing that a party is exempt from liability for damages for a failure to perform when the requirements of the section are met. The new material included in this posting would address issues not discussed in the current version (3rd edition, 1999) of the treatise, or would amplify discussion of issues in the current edition. Those issues include: whether a seller that has delivered non-conforming goods may claim exemption under Article 79; the proper approach to situations involving an unexpected loss in the value of a return performance (frustration of purpose); whether a party to a transaction governed by the CISG can invoke domestic hardship doctrines; and whether Article 79 applies to situations involving initial impossibility (facts in existence at the time the contract is concluded).
Force Majeure and Hardship Under General Contract Principles
Force Majeure and Hardship Under General Contract Principles - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Force Majeure and Hardship Under General Contract Principles write by Christoph Brunner. This book was released on 2009-01-01. Force Majeure and Hardship Under General Contract Principles available in PDF, EPUB and Kindle. Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
Convention on Contracts for the International Sale of Goods (CISG)
Convention on Contracts for the International Sale of Goods (CISG) - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Convention on Contracts for the International Sale of Goods (CISG) write by Joseph Lookofsky. This book was released on 2022-01-21. Convention on Contracts for the International Sale of Goods (CISG) available in PDF, EPUB and Kindle. Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Convention on Contracts for the International Sales of Goods (CISG) and Wales covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Convention on Contracts for the International Sales of Goods (CISG and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law
Chinese Contract Law
Chinese Contract Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Chinese Contract Law write by Larry A. DiMatteo. This book was released on 2017-10-26. Chinese Contract Law available in PDF, EPUB and Kindle. A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
