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Vol 21 No 11 Nov/Dec 2016

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CISG and Latin America: Regional and Global Perspectives

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Edited by: Ingeborg Schwenzer, Cesar Pereira, Leandro Tripodi

ISBN13: 9789462366534
Published: March 2016
Publisher: Eleven International Publishing
Country of Publication: The Netherlands
Format: Hardback
Price: £179.50



Despatched in 11 to 13 days.

The CISG is a well-known, modern and effective law of sales that has fanned out from Vienna to the four corners of the globe. It has been introduced into the legal system of multiple Latin American countries, some of which are global trade players.

This book gives the reader a comprehensive understanding of the Latin American legal approach toward the CISG. It shows that Latin America is provided with numerous experts who are prepared to deal with and apply the CISG to international sales contracts. Their views are supplemented by studies from outside Latin America by other internationally-acclaimed CISG scholars.

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Subjects:
International Trade, Other Jurisdictions , Latin America
Contents:
Part I General Aspects
1. Another BRIC in the Wall: Brazil Joins the CISG
2. CISG and Latin America - A Key for Reducing Transaction Costs
3. The First Glance of Brazilian Companies at the CISG - What Should Foreigners Expect?
4. Aspects of the 1980 Vienna Convention on Contracts for the International Sale of Goods (CISG)
5. The CISG - A Fair Balance of the Interests of the Seller and the Buyer
6. Understanding the CISG System of Remedies from the Latin American Domestic Laws' Standpoint

Part II Selected Topics of the CISG
7. Interaction between the CISG and INCOTERMS
8. Brazil's Accession to the CISG and Transmission of Risk: Some Considerations
9. The Exemption from Liability under the United Nations Convention on Contracts for the International Sales of Goods (CISG) - Analysis and Brief Comparison with the Brazilian Civil Code
10. The CISG and the Contractual Freedom of Form and Evidence: A Latin-American Perspective
11. Commodities Trade in the Brazilian Experience: Reflections on the Application of the CISG
12. Examination of the Goods and Notice of Non-Conformity
13. The Applicability of the CISG to the International Sales of Commodities
14. Criteria for Application of a Fundamental Breach of Contract in the United Nations Convention on Contracts for the International Sale of Goods (CISG)
15. CISG and E-Commerce
16. Seller's Remedies
17. Acceptance of an Offer under the CISG

Part III The CISG vis-a-vis National Law
18. The Challenges of Applying the CISG Concept of Conformity in Latin America: The Ordinary and Particular Purpose Approaches
19. Party Autonomy in Brazilian International Private Law
20. The Social Function of the Contract and the International Sale of Goods (CISG): The Contribution of Brazilian Law to a Global Debate
21. Article 1 CISG - The Gateway to the CISG
22. Using the CISG and International Commercial Arbitration as a Best Practice in Brazil
23. CISG Articles 6, 7, 25 and 79 - Pacta Sunt Servanda, Rebus sic Stantibus, Force Majeure and Hardship Principles - Brazilian Civil Code Related Articles
24. Instalment Contracts and Fundamental Breach in the CISG: A Brazilian Perspective
25. Written Requirements in Brazil and Argentina:AComparison under the Applicability of the CISG

Part IV Commercial Law and the Trend for Regional and Global Integration
26. Uniform Sales Law - Brazil Joining the CISG Family
27. The Lasting Consequences, in a Global Perspective, of the Brazilian Delay in Incorporating the CISG
28. UNCITRAL Instruments and the Regional Harmonization of International Commercial Law
29. The Applicability of Force Majeure and Hardship to CISG Contracts due to Trade Restrictions and to Other Government Actions in Latin America
30. Application of the CISG in Latin American Countries: An Overview - Reality and Theory
31. Usury as a Cultural Divide and CISG Compromise Rules on Interest.