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The CISG Convention and Domestic Contract Law: Harmony, Cross-Inspiration, or Discord?

Edited by: Joseph Lookofsky, Mars Bryde Anderson

ISBN13: 9788757433760
Published: February 2015
Publisher: DJOF Publishing
Country of Publication: Denmark
Format: Hardback
Price: £42.00



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This book gathers contributions that shed light on the interrelationship between key features of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and domestic sales and contract law.

The contributions in this book from the University of Copenhagen’s Centre for Commercial Law, cast new light on the interrelationship between key features of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and domestic sales and contract law.

The Nordic region has a special interest in this project, as 2014 marks the 25th anniversary of the ratification of the CISG in most of the Nordic Countries. But the interaction between the CISG and domestic law is not merely a Scandinavian concern. CISG Article 7 expressly requires that in the interpretation of the CISG, “regard is to be had to its international character and to the need to promote uniformity in its application”. With particular emphasis on issues relating to Contract Formation, Conformity of Goods and Hardship, the authors discuss how CISG rules and principles impact on or are influenced by domestic sales and contract law, both in the Nordic region and elsewhere.

Subjects:
Contract Law, International Trade
Contents:
PART I: TRANSPLANTING THE AGREEMENT PRINCIPLE TO PROMISE-PRINCIPLE SOIL
Chapter 1. The New Nordic Approach to CISG Part II: Pragmatism Wins the Day? –
by Jan Kleineman
Chapter 2. CISG Article 16: A Well-placed Principle in the Law of Contract Formation? –
by Mads Bryde Andersen
Chapter 3. CISG Article 16 and Nordic Domestic Law: Some Challenges of Contract Formation Rules in
International Sales Law – by Berte-Elen R. Konow
Chapter 4. Comment: A Pragmatic Approach to Contract Formation – by Sverre Blandhol
Chapter 5. Article 19 CISG & Scandinavian Domestic Law: Conflict or Peaceful Coexistence? –
by Kasper Steensgaard
Chapter 6. Article 19 CISG & Scandinavian Domestic Law: Conflict or Peaceful Coexistence? –
by Torgny Håstad

PART II: CONFORMITY OF GOODS
Chapter 7. “Domestication” of Article 35(2)(a) CISG? - by Franco Ferrari
Chapter 8. The Relationship between the Sections and Subsections of CISG Article 35 in Literature, Case Law
and Domestic Contract Law: Harmony, Cross-Inspiration or Discord? –
by René Franz Henschel
Chapter 9. The Influence of Domestic Public Law Requirements on the Application of Article 35 CISG – by
Sonja Kruisinga
Chapter 10. Cator Can’t Compete: Caveat Emptor under CISG Article 35(3)? –
by Joseph Lookofsky
Chapter 11. Some Remarks on the Caveat Emptor Rule under the CISG – in Cator's Case and Others – by
Morten M. Fogt
Chapter 12. Post-Contractual Inspection & Timely Notification – Impact of Domestic Sales Conceptions on
Articles 38 and 39 – by Ulrich Magnus
Chapter 13. Post-Contractual Inspection & Timely Notification – by Johnny Herre

PART III: LIABILITY EXEMPTIONS AND HARDSHIP
Chapter 14. CISG Article 79: Getting Scafomed – by Harry Flechtner
Chapter 15. CISG Article 79: Internationalization and Domestication – by Loukas Mistelis
Chapter 16. CISG Article 79 and Hardship – by Torsten Iversen
Chapter 17. Additional payment based on “hardship” in “construction sales contracts” (EPC-contracts)
governed by CISG? – by Amund Bjøranger Tørum

PART IV: APPENDICES
List of Contributors
List of Abbreviations
The Nordic Contracts Act - Translated by Sandro Nielsen from its Danish version
Index of Selected Court Cases
Index of Rules and Topics