Möbel & Innenausbau
Apr 08
in Allgemein 0 comments

Agreement Avoided

The set of parentheses followed by a number is used to identify the number of pages of the original publication. 2. See the interpretive decision above.B concerning the application of CISG, Journal of Law – Commerce Case I: Oberlandesgericht, Frankfurt-on-main, 18 January 1994, 5 U15/93, 14 J.L. – Com. 201 (1995); Eva Diederichsen, Recent Development: CISG: Commentary to Journal of Law – Commerce Case I: Oberlandesgericht, Frankfurt am Main, 14 J.L. – Com. 177 (1995); LG BADEN-BADEN 4 O 113/90, 14 August 1991, translated by Vivian Curran, 12 J.L. – Com. 277, 277, 278-281 (1993) (on the ground that the defendant buyer is entitled to partially circumvent the contract by refusing to pay the sale price if the plaintiff seller was provided for the normal use of similar goods and, furthermore, that such a partial circumvention of the contract did not prevent the purchaser from claiming damages; LG FRANKFURT/MAIN3/11 O3/91, 16 September 1991, extracted from the interpretive decision on the application of the ICSG, Appendix Investigation of the previous decisions of the German courts applying the CISG: selected passages, 14 J.L. – Com. 225 (1995) (finding that the defendant buyer could circumvent the contract in the event of a substantial breach within the meaning of Article 49, paragraph 1, of the ICSG, he can do so effectively only by notification or declaration). See also Jelena Vilus, common provisions of the seller`s and buyer`s obligations in the international sale of goods: Dubrovnik Readings 239-240 (Peter Sarcevic – Paul Volkens eds., 1986); Peter Winship, Changing Contracts Practices In Light of the United Sales Convention: A Guide for Practitioners 29 Int`l Law 525 (case 1995) (explains all aspects of the United Nations Convention on Distribution and the link between the sale and the State Party). 3.

See CISG, art. 1(1) (a)-b). See Bell, above in Note 1, 245-246 („Article 1, paragraph 1, point a) attempts to create a clear line, a security area. If the two states in which the parties have their respective place of business are contracting states, the convention applies. Article 1, paragraph 1, point a) aims to eliminate the need for an analysis of legal disputes, since in these circumstances the rules of private international law are negligible. 4. Since 1 November 1996, there have been 45 countries that have signed the convention. For more information on the status of the right to sell, visit the UN Treaty Department: Office of Legal Affairs, Treaty Section, United Nations Plaza, New York, NY 10017 (212) 963-5047. See Wang Jun, Punitive and Compensatory Contract Damages: A Comparative Study of the Uniform Commercial Code, Chinese, and International Law, 29 Loy.

L.A. L. Rev. 1071, 1079 (1996). 5. In accordance with Article 95 of the Convention. 6. See 1987 Zhongguo Falu Nianjian (Chinese Annual of Law) 540 (Beijing: Falu Chuban She (Law Publishing House, 1987); [1] 5 China Law and Practice 25-49 (May 1987).

See also ST/LEG/SER. E/10, X.10, 364-66, 365. The second reservation, which is not relevant here, concerns contractual formalities. See also Jun, supra note 4, at 87. But see Lester Ross, Force Majeure and Related Doctrines of Excuses inContract Contract Law of the People`s Republic of China, 5 J. Chinese L. 58, 88 (spring 1991) („Since China has not expressed reservations about its membership in the ICSG, the GSSC appears to apply in all respects, although the GSSC does not contain any provision relating to events of force majeure and sticks to a broader doctrine of excuses that appears to exist in Chinese law“). What Ross is saying is patently wrong, because China had two admissible reservations. 7. See note 4. 8. See CISG, art.

6. See Bell, above, note 1, 254 („The agreement applies to contracts for the sale of goods as part of its application, unless the parties exclude all or part of their application. The contractual freedom of a party is a uniformly recognized right of contracts, and Article 6 is a forceful reaffirmation of that principle. See also J.D. Feltham, The United Nations Convention on the International Sale of Goods, J.

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