Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on 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 discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG.
The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including 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 is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.
Ingeborg Schwenzer is a Professor Ordinaria fur Privatrecht at the University of Basel. After completing her law studies in Tubingen, Geneva and Freiburg, Professor Schwenzer obtained an LL.M. summa cum laude from the University of California, Berkeley, and her PhD summa cum laude from the University of Freiburg. Pascal Hachem is a Senior Researcher and lecturer at the Faculty of Law, University of Basel, Switzerland. After completing his studies at the Albert-Ludwigs-University Freiburg, Germany, he obtained his PhD summa cum laude from the University of Basel, Switzerland. Christopher Kee is Senior Lecturer at the University of Aberdeen, Scotland and also holds appointments as a Senior Researcher at the University of Basel, Switzerland and Honorary Fellow of Deakin Law School, Australia. He is a Barrister and Solicitor of the High Court of Australia and the Supreme Courts of Victoria and New South Wales and specialises in international arbitration and international commercial law.
I SALES LAW - HISTORY AND MODERN PRACTICE; II AMBIT OF SALES LAW; III FORMATION OF THE CONTRACT; IV VALIDITY; V PRE-CONTRACTUAL LIABILITY; VI CONSTRUCTION OF CONTRACTS; VII OBLIGATIONS OF THE SELLER; VIII OBLIGATIONS OF THE BUYER; PART IX PASSING OF RISK; X TRANSFER OF TITLE; XI REMEDIES FOR BREACH OF CONTRACT; XII UNWINDING OF THE CONTRACT; XIII LIMITATION OF ACTIONS