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CISG Methodology / André Janssen, Olaf Meyer.

By: Contributor(s): Material type: TextTextPublisher: Munich : Otto Schmidt/De Gruyter european law pub, [2009]Copyright date: 2009Description: 1 online resource (395 p.)Content type:
Media type:
Carrier type:
ISBN:
  • 9783866537224
Subject(s): DDC classification:
  • 346.072
Other classification:
  • online - DeGruyter
Online resources:
Contents:
Frontmatter -- Table of contents -- Preface -- Methodological Problems in the Drafting of the CISG -- Tracing Methodology in the CISG: Dogmatic Foundations -- Literal Interpretation: The Meaning of the Words -- Legislative Intention and the CISG -- Case Law Precedent and Legal Writing -- The Observance of Good Faith in International Trade -- An Economic Analysis of the CISG -- Homeward Trend: What, Why and Why Not -- Macro-Systematic Interpretation of Uniform Commercial Law: The Interrelation of the CISG and Other Uniform Sources -- The CISG and Its General Principles -- The Role of the UNIDROIT Principles and the PECL in the Interpretation and Gap-filling of CISG -- Constructive Interpretation – Applying the CISG in the 21st Century -- The Interpretation of the CISG in China -- The Interpretation of the CISG in the Arab World -- CISG and Arbitration
Summary: The CISG is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 contracting states. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application", it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that whilst the number of contracting states is constantly increasing so too is the threat of variation in application.In this book the most important issues of the CISG's methodology are analysed by leading experts from five continents. Whereas some authors provide a thorough analysis of the central topics of interpretation, others enter almost uncharted territories.
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Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9783866537224

Frontmatter -- Table of contents -- Preface -- Methodological Problems in the Drafting of the CISG -- Tracing Methodology in the CISG: Dogmatic Foundations -- Literal Interpretation: The Meaning of the Words -- Legislative Intention and the CISG -- Case Law Precedent and Legal Writing -- The Observance of Good Faith in International Trade -- An Economic Analysis of the CISG -- Homeward Trend: What, Why and Why Not -- Macro-Systematic Interpretation of Uniform Commercial Law: The Interrelation of the CISG and Other Uniform Sources -- The CISG and Its General Principles -- The Role of the UNIDROIT Principles and the PECL in the Interpretation and Gap-filling of CISG -- Constructive Interpretation – Applying the CISG in the 21st Century -- The Interpretation of the CISG in China -- The Interpretation of the CISG in the Arab World -- CISG and Arbitration

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The CISG is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 contracting states. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application", it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that whilst the number of contracting states is constantly increasing so too is the threat of variation in application.In this book the most important issues of the CISG's methodology are analysed by leading experts from five continents. Whereas some authors provide a thorough analysis of the central topics of interpretation, others enter almost uncharted territories.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 26. Aug 2024)