UNCITRAL Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods pptx

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UNITED NATIONSUNCITRALUNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAWUNCITRALDigest of Case Law on the United Nations Convention on Contracts for the International Sale of GoodsUNCITRAL: Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods—2012UNITED NATIONS2012 Edition*1186558*V.11-86558—March 2012Further information may be obtained from:UNCITRAL secretariat, Vienna International Centre,P.O. Box 500, 1400 Vienna, AustriaTelephone: (+43-1) 26060-4060 Telefax: (+43-1) 26060-5813Internet: http://www.uncitral.org E-mail: uncitral@uncitral.orgUNCITRALDigest of Case Law on the United Nations Convention on Contracts for the International Sale of GoodsUNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAWUNITED NATIONSNew York, 20122012 EditionNOTE Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document.© United Nations, March 2012. All rights reserved.The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.Information on uniform resource locators and links to Internet sites contained in the present publication are provided for the convenience of the reader and are correct at the time of issue. The United Nations takes no responsibility for the continued accuracy of that information or for the content of any external website. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna.This publication has not been formally edited.iiiContentsIntroduction to the Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods ixThe Convention as a Whole; Overview of Digest xiiiPreamble xvPart one Sphere of application and general provisions Chapter I. Sphere of application (articles 1-6) 3 Overview 3 Chapter I of part I: sphere of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Article 1 4 Article 2 17 Article 3 20 Article 4 24 Article 5 32 Article 6 33 Chapter II. General provisions (articles 7-13) 41 Overview 41 Article 7 42 Article 8 55 Article 9 65 Article 10 71 Article 11 73 Article 12 77 Article 13 79Part two Formation of the contract Overview 83 Permitted reservations by contracting States 83 Exclusivity of part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Validity of contract; formal requirements 84 Incorporating standard terms 84iv Commercial letters of confirmation 84 Interpretation of statements or conduct 85 Article 14 91 Article 15 96 Article 16 97 Article 17 98 Article 18 99 Article 19 103 Article 20 107 Article 21 108 Article 22 109 Article 23 110 Article 24 112Part three Sale of goods Overview 115 Permitted reservations by Contracting States 115 Part III, Chapter I. General provisions (articles 25-29) 117 Article 25 118 Article 26 122 Article 27 124 Article 28 126 Article 29 127 Part III, Chapter II. Obligations of the seller (articles 30-52) 129 Article 30 130 Section I of Part III, Chapter II. Delivery of the goods and handing over of documents (articles 31-34) 131 Overview 131 Relation to other parts of the Convention 131 Article 31 132 Article 32 136 Article 33 137 Article 34 140 Section II of Part III, Chapter II. Conformity of the goods and third party claims (articles 35-44) 143v Overview 143 Relation to other parts of the Convention 143 Article 35 144 Article 36 155 Article 37 159 Article 38 160 Article 39 175 Article 40 203 Article 41 212 Article 42 214 Article 43 216 Article 44 218 Section III of Part III, Chapter II. Remedies for breach of contract by the seller (articles 45-52) 223 Overview 223 Relation to other parts of the Convention 223 Article 45 224 Article 46 227 Article 47 231 Article 48 233 Article 49 236 Article 50 243 Article 51 246 Article 52 248 Part III, Chapter III. Obligations of the buyer (articles 53-65) 251 Overview 223 Article 53 252 Section I of Part III, Chapter III. Payment of the price (articles 54-59) 263 Overview 263 Relation to other parts of the Convention 263 Article 54 264 Article 55 268 Article 56 272 Article 57 273 Article 58 280 Article 59 285vi Section II of Part III, Chapter III. Taking delivery (article 60) 289 Overview 289 Relation to other parts of the Convention 289 Article 60 290 Section III of Part III, Chapter III. Remedies for breach of contract by the buyer (articles 61-65) 293 Overview 293 Relation to other parts of the Convention 293 Article 61 294 Article 62 298 Article 63 303 Article 64 307 Article 65 313 Part III, Chapter IV. Passing of risk (articles 66-70) 315 Overview 315 Nature of risk 315 Parties’ agreement on passing risk 315 Article 66 319 Article 67 321 Article 68 324 Article 69 325 Article 70 327 Part III, Chapter V. Provisions common to the obligations of the seller and of the buyer (articles 71-88) 329 Overview 329 Section I of Part III, Chapter V. Anticipatory breach and instalment contracts (articles 71-73) 331 Overview 331 Article 71 332 Article 72 336 Article 73 339 Section II of Part III, Chapter V. Damages (articles 74-77) 343 Overview 343 Relation to other articles 343 Burden of proof 344 Set off 344vii Jurisdiction: place of payment of damages 344 Article 74 346 Article 75 358 Article 76 364 Article 77 368 Section III of Part III, Chapter V. Interest (article 78) 375 Overview 375 Article 78 376 Section IV of Part III, Chapter V. Exemption (articles 79-80) 387 Overview 387 Relation to other parts of the Convention 387 Article 79 389 Article 80 400 Section V of Part III, Chapter V. Effects of avoidance (articles 81-84) 405 Overview 405 Relation to other parts of the Convention 405 Article 81 406 Article 82 411 Article 83 414 Article 84 415 Section VI of Part III, Chapter V. Preservation of the goods (articles 85-88) 419 Overview 419 Relation to other parts of the Convention 419 Article 85 420 Article 86 422 Article 87 424 Article 88 425Part four Final provisions Overview 431 Article 89 432 Article 90 433 Article 91 435 Article 92 436 Article 93 438viii Article 94 440 Article 95 442 Article 96 444 Article 97 446 Article 98 447 Article 99 448 Article 100 450 Article 101 452 Authentic Text and Witness Clause 453Index I. Case list by country and court 455Index II. Case list by country 581[...]...Introduction to the Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods Note by the Secretariat a legal concept that may overlap on a number of well-known domestic concepts and calls for autonomous and ưindependent interpretation 1 The United Nations Convention on Contracts for the International Sale of Goods, 1980 (the Convention, or CISG) has... United Nations Convention on Contracts for the International Sale of Goods arbitral tribunals interpreting UNCITRAL texts (notably conventions and model laws); and in so doing, to further the uniform interpretation and application of those texts Digest of Case Law on the United Nations Convention on the International Sale of Goods, which has further supported the goal of uniform interpretation of CISG... of the law of a Contracting State can lead to the ư pplicability a of the Convention by virtue of article 1 (1)(b),48 since article 3 of the Rome Convention recognizes party autonomy.49 6 UNCITRAL Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods This is also true where the rules of private international law of the forum are those laid down in the. .. Giurisprudenza Economica e dellImpresa 1998, 22 ff 58 14 UNCITRAL Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods United Nations Conference on Contracts for the International Sale of Goods, Vienna, 10 March-11 April 1980, Official Records, Documents of the Conference and Summary Records of the Plenary Meetings and of the Meetings of the Main Committee,... private international law whether the parties are allowed to choose the applicable law, whether one has to look into the rules of private international of the law designated by the rulesof private international of the forum (renvoi), etc 15 Where the private international law rules of the forum are based upon the 1980 Rome Convention on the Law Applicable to Contractual Obligations,47 the parties choice of. .. the Conventions temporal sphere of application, it is defined by article 100 3 The Convention does not apply to every kind of contracts for the international sale of goods; rather, its sphere of application is limited to contracts for the sale of goods that meet a specific internationality requirement set forth in article 1 (1) Pursuant to that provision, a contract for the sale of goods is international. .. currently includes cases referring to the CISG, the UNCITRAL Model Law on International Commercial Arbitration (1985 and 2006 amendments), the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958, so called New York Convention) ; the United Nations Convention on the Carriage of Goods by Sea (1978) (so called Hamburg Rules), the UNCITRAL Model Law on Electronic Commerce... rofessor Claude Witz of Saarland University and P the ư niversity of Strasbourg, Faculties of Law U Notes United Nations Convention on Contracts for the International Sale of Goods, 1980, United Nations Treaty Series, vol 1498, p 3 CISG is deposited with the Secretary-General of the United Nations Authoritative information on its status can be obtained from the United Nations Treaty Collection on the. .. Nations Convention on Contracts for the International Sale of Goods Article 1 1 This Convention applies to contracts of sale of goods between parties whose places of business are in different States: (a) When the States are Contracting States; or (b) When the rules of private international law lead to the application of the law of a Contracting State 2 The fact that the parties have their places of business... the goods sold and the other party (the buyer) is obliged to pay the price and accept the goods. 69 One court has declared that the essence of the contract governed by the Convention lies in goods being exchanged for money.70 22 The Convention covers contracts for the delivery of goods by instalments,71 as can be derived from article 73 of the Convention, and contracts providing for the delivery of the . Contracts for the International Sale of Goods UNCITRAL: Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods 2012 UNITED. Case Law on the United Nations Convention on Contracts for the International Sale of Goods NOTE BY THE SECRETARIAT1. The United Nations Convention on Contracts
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Xem thêm: UNCITRAL Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods pptx, UNCITRAL Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods pptx, UNCITRAL Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods pptx, Chapter I. Sphere of application (articles 1-6), Chapter II. General provisions (articles 7-13), Part two. Formation of the contract, Part III, Chapter I. General provisions (articles 25-29), Section I of Part III, Chapter II. Delivery of the goods and handing over of documents (articles 31-34), Section II of Part III, Chapter II. Conformity of the goods and third party claims (articles 35-44), Section III of Part III, Chapter II. Remedies for breach of contract by the seller (articles 45-52), Part III, Chapter III. Obligations of the buyer (articles 53-65), Section I of Part III, Chapter III. Payment of the price (articles 54-59), Section II of Part III, Chapter III. Taking delivery (article 60), Section III of Part III, Chapter III. Remedies for breach of contract by the buyer (articles 61-65), Part III, Chapter IV. Passing of risk (articles 66-70), Section I of Part III, Chapter V. Anticipatory breach and instalment contracts (articles 71-73), Section II of Part III, Chapter V. Damages (articles 74-77), Section III of Part III, Chapter V. Interest (article 78), Section IV of Part III, Chapter V. Exemption (articles 79-80), Section V of Part III, Chapter V. Effects of avoidance (articles 81-84), Section VI of Part III, Chapter V. Preservation of the goods (articles 85-88), INDEX I. Case list by country and court, INDEX II. Case list by country

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