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International Sale of Goods in the Conflict of Laws


ISBN13: 9780199244690
ISBN: 0199244693
Published: January 2005
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £600.00



Despatched in 3 to 5 days.

This book is the first one in English to focus in depth upon the private international law problems raised by the sale of goods. It begins with the substantive law and practice, and uses this as the basis for a comparative and critical discussion of the private international law issues. Examples of the typical obligations of the buyer and seller are also provided.

International Sale of Goods in the Conflict of Laws is a strong new addition to the Oxford Private International Law Series and covers everything from torts to e-commerce. Contracts of sale with a cross-border element are an everyday occurrence and one which is becoming ever more common with the advent of modern communications technology.

For example, where, for jurisdictional purposes, is the place or performance of the obligation to pay for goods? Where software is sold over the Internet, is this a sale of goods contract and, if so, where are the goods delivered? Foreign judgments as to title raise complex questions as to enforcement, recognition and res judicata.

As regards choice of law, sales-specific problems arise to a large extent from the interaction of contractual obligations and title matters which are central to the sale contract and the complex characterisation questions which ensue. They arise from the enactment in many countries of the Vienna;Convention, from the complex inter-relationship between buyer, seller and third parties and from sales-specific domestic legislation which may be mandatory irrespective of the applicable law.

The book is concerned not only with contractual disputes that can arise out of the international sale of goods but also with torts, such as conversion and negligent misstatement, that can arise out of this type of contract. Restitutionary and proprietary claims can also arise. Special attention is paid to both the jurisdictional and choice of law problems that occur in cases of business to business e-commerce.

Subjects:
Conflict of Laws, International Trade
Contents:
1. Introduction

SECTION I: JURISDICTION
2. An Action in Contract between the Buyer and Seller: Jurisdiction Under the EC Rules
3. An Action in Contract Between the Buyer and the Seller: Jurisdiction Under the Traditional English Rules
4. Torts Arising out of the International Sale of Goods: Jurisdiction
5. Property Matters Arising out of the International Sale of Goods: Jurisdiction
6. Restitution and the International Sale of Goods: Jurisdiction
7. Transfer of Rights and Obligations: Jurisdiction
8. Multiple Party Claims Arising out of the International Sale of Goods: Jurisdiction
9. Electronic Commerce: Jurisdiction

SECTION II: RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS
10. Recognition and Enforcement of Foreign Judgments

SECTION III: CHOICE OF LAW
11. Introduction to Choice of Law: Nature of the Problems
12. Choice of Law in Contract and the International Sale of Goods
13. The Hague Sales Conventions of 1955 and 1986
14. Uniform and Harmonised Law and Choice of Law Issues
15. Torts Arising out of the International Sale of Goods: Choice of Law
16. Concurrent Claims: Choice of Law
17. Sale, Property and Title: Choice of Law
18. Restitution and the International Sale of Goods: Choice of Law
19. Transfer of Rights and Obligations: Choice of Law
20. Electronic Commerce: Choice of Law

Series: Oxford Private International Law

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Substance and Procedure in Private International Law ISBN 9780199532797
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Employment Contracts In Private International Law (eBook) ISBN 9780191632075
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The Arrest of Ships in Private International Law ISBN 9780199581351
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Intellectual Property and Private International Law 2nd ed ISBN 9780199556588
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The Anti-Suit Injunction Updating Supplement ISBN 9780199588473
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Cross-Border Divorce Law: Brussels II Bis ISBN 9780199581191
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Agreements on Jurisdiction and Choice of Law ISBN 9780199282302
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Civil Jurisdiction Rules of the EU and their Impact on Third States ISBN 9780199228577
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Insolvency in Private International Law: 1st Supplement to 2nd ed ISBN 9780199288731
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Insolvency in Private International Law 2nd ed with 1st Supplement ISBN 9780199214952
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The Transfer of Property in the Conflict of Laws ISBN 9780199271474
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Choice of Law for Equitable Doctrines ISBN 9780199274925
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Procedural Law in International Arbitration ISBN 9780199249480
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Foreign Law in Civil Litigation: A Comparative and Functional Analysis ISBN 9780199264766
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Shares and Other Securities in the Conflict of Laws ISBN 9780199256136
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Enforcement of Judgments in Europe
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Claims for Contribution and Reimbursement in an International Context ISBN 9780198268963
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The Hague Convention on International Child Abduction ISBN 9780198260646
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Autonomy in International Contracts ISBN 9780198262701
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Foreign Law in English Courts: Pleading, Proof and Choice of Law ISBN 9780198258780
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