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An International Approach to the Interpretation of the by John Felemegas

By John Felemegas

In 1980, the United international locations conference for the overseas Sale of products (CISG) got here into being as an try and create a uniform advertisement revenues legislations. This ebook, first released in 2007, compares significant restatements - the UNIDROIT ideas and the rules of eu agreement legislations (PECL) - with CISG articles. This paintings has amassed students and felony practitioners from twenty international locations who give a contribution research at the quite a few matters lined within the articles of the CISG evaluating them with how the difficulty is taken care of within the UNIDROIT and PECL restatements.The introductory component to the publication addresses theoretical and sensible problems with the perfect interpretive technique as mandated in CISG Article 7 and it really is via person analyses of the Convention's provisions.

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Additional resources for An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law

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Binding force or merely persuasive value) that a court should place on a decision of a foreign court and the reasoning behind that decision, as well as the degree to which any such “precedent” may be followed and adopted by other foreign courts. In terms of how the evaluation of existing case law should affect interpretation of the CISG’s provisions, the basic question that needs answering concerns the reaction of a judge or arbitrator, who, when faced with an issue of interpretation in the CISG, discovers that divergent solutions have been adopted in regard to that same issue by different national courts.

What? How? ,” 20 Am. J. Comp. L. 314 (1972); for one participant’s wry view of this process, see Gyula Eorsi, ¨ “Unifying the Law (A Play in One Act, with a Song),” 25 Am. J. Comp. L. 658 (1977). 71 The material found in the Cisg’s legislative history adds depth to the international understanding that underlies the Convention’s text. Honnold’s Documentary History of the Uniform Law for International Sales (Kluwer, 1989) reproduces the relevant documents and provides references, thereby making it easier to trace the legislative history and development of the Cisg’s provisions.

Edu/cases/980629u1. html> (a case that, although not citing foreign precedents, as there was none on the issue considered, did point out the need to consider such precedents r United States May 17, 1999 Federal District Court [Louisiana] (Medical Marketing v. html> (a case citing the ruling of a court of a foreign jurisdiction) r Italy December 29, 1999 District Court Pavia (Tessile v. html> (a case that cites the ruling of a court of a foreign jurisdiction) r Italy July 12, 2000 District Court Vigevano (Rheinland Versicherungen v.

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