Global Sales and Contract Law by Schwenzer, Ingeborg; Mu?oz, Edgardo;

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Product details:

Edition number 2
Publisher OUP Oxford
Date of Publication 28 June 2022

ISBN 9780198871255
Binding Hardback
No. of pages1184 pages
Size 252x181x57 mm
Weight 1884 g
Language English

Short description:

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. With coverage of key international developments and new case law this is an invaluable work for practitioners dealing in international sales law.

Long description:

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.

Introduction
I. SALES LAW: DEVELOPMENT AND MODERN PRACTICE
Development of Domestic Sales Laws
Uniform Laws and Projects
Contract and the Laws
Modern Practice of International Sales Law
II. AMBIT OF SALES LAW
General Remarks on the Ambit of Sales Law
The Concept of Goods
Identifying the Boundaries of a Sales Contract
III. FORMATION OF THE CONTRACT
General Remarks on Contract Formation
Offer and Acceptance
Electronic Communications
Standard Terms
Agency
Modification of Contract
IV. VALIDITY
General Remarks on Validity
Capacity to Contract
Mistake and Error
Fraud and Duress
Consequences of Mistake, Fraud, and Duress
Illegality and Immorality
Excessive Benefits and Unfair Advantages
Form Requirements
V. PRE-CONTRACTUAL LIABILITY
General Remarks on Pre-Contractual Liability
Pre-Contractual Duties
Pre-Contractual Liability
VI. CONSTRUCTION OF CONTRACT
Interpretation and Supplementation
Practices and Usages
VII. OBLIGATIONS OF THE SELLER
General Remarks on Seller s Obligations
Delivery
Documents and Costs
Conformity of the Goods
Third Party Property Rights
Industrial and Intellectual Property Rights
Examination and Notice
VIII. OBLIGATIONS OF THE BUYER
General Remarks on Buyer s Obligations
Payment
Taking Delivery
IX. PASSING OF RISK
Passing of Risk
X. TRANSFER OF TITLE
Transfer of Title
Transfer of Title by a Non-Owner
XI. REMEDIES FOR BREACH OF CONTRACT
General Remarks about Remedies
Suspension of Performance
Specific Performance
Damages
Exemption
Interest
Avoidance
Price Reduction
Concurrent Remedies
XII. UNWINDING OF THE CONTRACT
Unwinding of the Contract
XIII. LIMITATION OF ACTIONS
Limitation of Actions