Comparative Sales Law

2006 ◽  
pp. 936-968 ◽  
Author(s):  
Peter Huber
Keyword(s):  
World Wide ◽  
Comparative Law ◽  
Point Of View ◽  
The Third ◽  
Sales Contracts ◽  
Uniform Law ◽  
The Law ◽  
Characteristic Features ◽  
International Sales ◽  
Preparatory Work

The story of comparative law in the field of sales contracts is inextricably linked to Ernst Rabel. Rabel not only prepared the basis for any comparative study of the modern law of sales in his epochal treatise Das Recht des Warenkaufs, but also initiated the process of world-wide harmonization of the law of international sales. The close interrelation between comparative law and uniform law is also apparent in the life and the work of Ernst Rabel as his treatise on the law of sales developed from the preparatory work he had done for the UNIDROIT project to create a uniform law for international sales in the 1930s. The second section of this article outlines the most important projects in this area and their interaction with comparative law. The third section discusses selected characteristic features of the law of sales which are interesting from a comparative point of view.

Comparative Sales Law

2019 ◽  
pp. 932-960
Author(s):  
Peter Huber
Keyword(s):  
Twentieth Century ◽  
World Wide ◽  
Comparative Law ◽  
Point Of View ◽  
Influential Factor ◽  
Sales Contracts ◽  
The Law ◽  
Characteristic Features ◽  
International Conventions ◽  
International Sales

The story of comparative law in the field of sales contracts is inextricably linked to Ernst Rabel. Rabel not only prepared the basis for any comparative study of the modern law of sales in his epochal treatise ‘Das Recht des Warenkaufs’, but also initiated the process of world-wide harmonization of the law of international sales. This process has not only led to one of the most important international conventions in the field of private law (the 1980 UN Convention on Contracts for the International Sale of Goods—CISG) but has also become a highly influential factor in the field of comparative sales law in the twentieth century. The article first outlines the most important projects in this area and their interaction with comparative law. It then goes on to discuss selected characteristic features of the law of sales which are interesting from a comparative point of view.

scholarly journals A Pluralist Approach to the Law of International Sales

2017 ◽  
Vol 20 ◽  
pp. 1
Author(s):  
Juana Coetzee
Keyword(s):  
International Trade ◽  
Private Law ◽  
The European Union ◽  
Tariff Barrier ◽  
Trade Law ◽  
International Trade Law ◽  
Sales Contracts ◽  
Uniform Law ◽  
Common European Sales Law ◽  
International Sales

International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to differences in legal systems which act as a non-tariff barrier to trade. This article focuses on the private law framework regulating international contracts of sale. During the twentieth century, the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement. Because of gaps that exist in the CISG the Swiss government made a proposal for a new global contract law. But is this a feasible solution to the fragmentary state of international trade law? In Europe, signs of reluctance are setting in towards further harmonisation efforts. The Proposal for a Common European Sales Law (CESL) was recently withdrawn, and now Britain has voted to leave the European Union; rumour having it that more countries might follow. The current private law framework for international sales contracts consists of a hybrid system where international, national, state and non-state law function side by side. This article submits that universalism is not per se the most efficient approach to the regulation of international sales law and that economic forces require a more varied approach for business-to-business transactions. The biggest challenge, however, would be to manage global legal pluralism. It is concluded that contractual parties, the courts and arbitral tribunals can effectively manage pluralism on a case-by-case basis.        

The Regime of Straits and the Third United Nations Conference on the Law of the Sea

1980 ◽  
Vol 74 (1) ◽  
pp. 77-121 ◽  
Author(s):  
John Norton Moore
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Foreseeable Future ◽  
Coastal Fisheries ◽  
The Third ◽  
State Practice ◽  
The Law ◽  
Deep Seabed Mining ◽  
Seabed Mining ◽  
Preparatory Work

The negotiations at the Third United Nations Conference on the Law of the Sea have been the most important catalyst of this century for a new legal and political order for the oceans. The conference, together with its preparatory work within the “Seabeds Committee,” has indelibly stamped ocean perspectives. Even without a widely acceptable, comprehensive treaty the influence of these perspectives on state practice will be profound—indeed, it already has been, for example, in legitimizing 200-mile coastal fisheries jurisdiction. If the conference is able to clear the remaining hurdles, particularly that of deep seabed mining, the new treaty is likely to govern oceans law for the foreseeable future.

scholarly journals AL-IJARAH AL-MUNTAHIYAH BI AL-TAMLIK (IMBT) DALAM PERSPEKTIF ANATOMI KONTRAK BISNIS

ALQALAM ◽  
2009 ◽  
Vol 26 (2) ◽  
pp. 193
Author(s):  
Jaih Mubarok
Keyword(s):  
Financial Institutions ◽  
Financial Institution ◽  
The State ◽  
Point Of View ◽  
Third Party ◽  
Business Unit ◽  
The Third ◽  
Arbitration Board ◽  
The Law ◽  
The Third Party

AI-Ijarah al-Muntahiyyah bi al-Tamlik (IMBT) is conceptually almost the same as leasing which is conducted by world financial institutions, including those of in Indonesia. IMBT is a service product of syari'a financial institution which is transparant and is able to involve the third party whenever it is necessary. In the context of Indonesia, economic syari'a is culturally designed and run by the Coumil of Indonesian Ulama (MUI). In order to regulate the bussiness in the syari'a system, MUI forms the Council of National Syari'a (DSN) issuing the fatwas; in order to give monitoring, DSN places The Board ef Syari'a Controller (DPS) in every business unit which uses syari'a system; in order to solve the syari'a business disputation, MUI forms the Arbitration Board of National Syari'a (Basyarnas). Moreover, The State has structurally accomodated the system of syari'a business in law and regulation. Therefore, The openess characteristics (the principle of free based contract) which is also practiced in the contract of IMBT is restricted by the law and regulation and considered appropriate in syari'a point of view based on DSN-MUI fatwas.

Development of Comparative Law in France

2019 ◽  
pp. 28-53
Author(s):  
Bénédicte Fauvarque-Cosson
Keyword(s):  
Twentieth Century ◽  
Comparative Law ◽  
Distinctive Features ◽  
The Third ◽  
Legal Thought ◽  
The Law

France has a long and solid tradition of comparative law. This article traces the discipline’s development in France, describing its strengths and weaknesses. As universal a science as it is, comparative law has distinctive features in each country. While there is currently no such thing as French or Italian comparative law in the sense that there is French or Italian contracts law, there is an identifiable French style in comparative law that is closely related to the development of French legal thought in general. The never-ending question of the purpose of comparative law emerges as one of the fundamental jurisprudential debates of the twentieth century. The first section of this article details the historical rise of comparative law in France. The second section chronicles its decline. The third section predicts its renaissance, provided French scholars, practitioners, and judges give the study of comparative law the regard it is due, in the light of the internationalization and Europeanization of the law.

Reform of the German Law of Breach of Contract

1997 ◽  
Vol 1 (3) ◽  
pp. 317-344 ◽  
Author(s):  
Werner Lorenz
Keyword(s):  
German Law ◽  
Special Treatment ◽  
Vienna Convention ◽  
Breach Of Contract ◽  
Sales Contracts ◽  
University Of Edinburgh ◽  
Joint Seminar ◽  
The Law ◽  
International Sales ◽  
Unitary Concept

This paper, first presented on 21 October 1995 at a joint seminar of the Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, considers the proposed reforms of German law in this area. The paper first surveys some of the problems of the existing law, highlighting its lack of a unitary concept of breach, gaps with regard to liability for breach of pre-contractual duties and contract modification owing to change of circumstances, difficulties arising from the special treatment of sales contracts and contracts for work and labour, and the mutual exclusivity of rescission and damages. Many difficulties arise from the operation of the law of prescription in the field. It is observed that the Vienna Convention on International Sales of Goods was ratified by Germany in 1991, making it desirable for reform to be consistent with the Convention. The reform proposals put forward in 1992 include a unitary concept of breach, modification of the fault principle, priority for specific implement, adjustment of the rules on termination to permit cumulation with damages and restitution, and changes with regard to the law of sales and contracts for work and labour. If implemented these will bring the German Civil Code into line with case-law developments as well as those in the international law of sales.

scholarly journals La refonte permanente des lois du Québec : implications et modalités

2005 ◽  
Vol 18 (2-3) ◽  
pp. 213-232
Author(s):  
Denis Le May
Keyword(s):  
Present Situation ◽  
Point Of View ◽  
Technical Aspects ◽  
The Third ◽  
Official Gazette ◽  
The People ◽  
The Law ◽  
The Moment

The purpose of this paper is to examine the implication and details of the consolidation of the statutes of the Province of Quebec which is now under way. Unlike earlier consolidations, this one will be permanent and brought up to date annually, and as he approaches his subject, the author describes what must be understood by keeping up to date and who should be responsible for the task. Next, he discusses the technical aspects which ought to be considered in the process of keeping the consolidation up to date, among which are the moment and methods to inserting new texts, the numbering of sections, and the vehicle for the publication of amending legislation. In the third part of his paper, the author describes what important changes would have to be made to the present situation, should the proposed system be adopted. These changes are both documentary (a new presentation of the Quebec official Gazette is advocated) and legislative (new duties of the Quebec Official Printer are stressed). Finally there is established a link between the permanent consolidation and a policy for non-official consolidations. The author concludes with the expression of a point of view on the access of the people to the law.

International Law as Applied by England in the War

1915 ◽  
Vol 9 (1) ◽  
pp. 17-44
Author(s):  
E. Grey ◽  
Norman Bentwich
Keyword(s):  
International Law ◽  
World Wide ◽  
Great Powers ◽  
Law Of War ◽  
Uniform Law ◽  
The Law ◽  
International Conventions

International law is at once on its trial and in the moulding as it has never been before. It is just a hundred years since the last world-wide war was fought; and to that period one must go back to trace the source of the principal rules and practices of the law of war, and especially of maritime warfare. In the interval, the form of international law and much of its substance have been entirely changed. From indefinite practice and varying usage, imperfectly systematized by text writers, it has passed into the condition of definite rules and uniform law, formulated by international conventions. But most of this definite law has not yet stood the test of practice. So far as the rules of maritime warfare are concerned, it is largely consolidated in conventions made at international conferences during the last seven years. These conventions have indeed been already applied in the war of Italy and the Balkan Powers against Turkey, but they were not searchingly tried in those contests, which were determined by land operations. Strictly, the conventions are not binding in this war, because they are intended to apply only in wars in which all the belligerents are parties, and Servia and Montenegro have not ratified any of the 1907 agreements; but, in fact, the great Powers are professing* to act according to the international legislation.

All in all, the CISG has met with resounding acceptance around the globe. Today, the CISG counts 67 Contracting States among its members, covering more than 70 per cent of global trade and production of goods; of the 50 leading exporters and importers in world merchandise, over 60 per cent are Contracting States to the CISG. Of those large industrial nations that are not yet Contracting States to the CISG, notably the UK, Japan and Korea, both internal and external pressure to ratify is rising. Currently, approximately 1,300 court and arbitral decisions decided under the CISG have been handed down from 32 judicial instances, and more than 6,500 academic publica-tions exist in 24 languages. This is in addition to the numerous conferences and other forms of academic discourse dealing with the Convention, most notably the CISG Advisory Council, a global body of CISG and international sales law experts that meets on a regular basis to discuss the significant developments in the field of international sales law and aims at promoting the uniform interpretation of the CISG. Perhaps the most tangible success of the CISG can be seen in the number of domestic sales laws that have used it as a model. Notably, many Scandinavian countries have used the CISG as the background for the modification of their domestic sales laws, as did Germany in its 2002 Schuldrechtsreform (Revision of the Law of Obligations) and The Netherlands in drafting the Law of Obligations in the Wetboek (Civil Code). Furthermore, many of the former Socialist states in Eastern Europe, including Estonia, the Czech Republic and Croatia, are also basing the re-development of their private and domestic sales and com-mercial laws on CISG concepts. Completing the CISG’s global impact is the reform of the Chinese private law. The New Code of Obligations of China has adopted many legal concepts and institutions promulgated in the CISG and the drafters have confirmed using the CISG as a source of inspiration in this regard. In addition, not only domestic sales laws, but also, increasingly, regional and inter-national principles are availing themselves of CISG principles to guide their drafting. The general approach of the Principles for International Commercial Contracts drafted by UNIDROIT (the UNIDROIT Principles) and the Principles of European Contract Law, which are intended to pave the way for a European or an international law of contract, can be traced back to the CISG. The same is true of the European Directive on Consumer Sales, which mirrors the concepts of conformity and non-conformity set out in the CISG. Furthermore, the OHADA, a union of 16 African states, has adopted a common sales law, which follows the CISG almost to the letter. Efforts at unification of the law are often met with the criticism that the unique peculiarities and historical variety of local laws are thereby ‘bulldozed’ by an all-consuming ‘international’ law. This is not the intention of the CISG. It certainly aims to provide a certain, uniform and consistent basis for defining the scope and obligations of international sales contracts for those states that have declared their intention to be bound by it. Moreover, the CISG serves as a stimulus for the development, revision and interpretation of domestic laws, under consideration and in awareness of genuine international concepts, which can only be of benefit to the states concerned.

2007 ◽  
pp. 62-63
Keyword(s):  
International Law ◽  
External Pressure ◽  
European Contract ◽  
Sales Contracts ◽  
Publica Tions ◽  
The Law ◽  
Consistent Basis ◽  
The Uk ◽  
Legal Concepts ◽  
International Sales

Ideologi Konstitusi Piagam Madinah dan Relevansinya dengan Ideologi Pancasila

2019 ◽  
Vol 2 (1) ◽  
pp. 107-129
Author(s):  
Nurhadi Nurhadi
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Point Of View ◽  
First Principle ◽  
Religious Ideology ◽  
The Third ◽  
The Law ◽  
The Relationship ◽  
Supreme Being

The Medina Charter as the first constitutional document in Islam, has  relationship with Pancasila in the Jakarta Charter as religious ideology. It shows that the Medina Charter has relevance to the philosophical values of Pancasila as the ideology of the Indonesia. This paper presents the relationship between the Medina Charter abbd Pancasia from normative and philosophical point of view in order to prove that the Constitution's Ideology of the Medina Charter is very relevant to the Jakarta Charter with the Philosophical values of Pancasila. The first principle (or Sila) of Pancasila Belief in one supreme being is in line with article in the Medina Charter about monotheism and aqedah. The second Sila  of Pncasila Just and Civilized Humanitarism is in relation with the Articles about Human Rights in the Medina Charter. The third Sila of Pancasila about the comitment to the unity of Indonesia is also stated in Articles of Medina Charter about unity and brotherhood. The forth principle about the idea of people led or governed by wise politics in line with the Articles about deliberation and agreement. The last principle about the commitment to Social Justice for All Indonesian People is similar with the law of human rights in the Medina Charter.

Sign in / Sign up

Export Citation Format

Share Document