scholarly journals Contract for international sale of goods – Cisg its importance and applicability

2021 ◽  
Vol 21 ◽  
pp. 527-533
Author(s):  
Skender Gojani ◽  
Granit Curri

Contractual contests in international sale transactions mainly derive from languages, cultures, traditions, views and different legal terms of contractors in different countries worldwide. In international legal-business relations, problematic issues are inevitably outnumbered and different, thus, more difficult to be sovled. International legal-business transactions, on the other hand, are of particular importance, especially in the continuum and intences of political-economic globalization and integrations of the countries with more developed economy in different international structures such as European Union, etc. Legal regulation of sales transactions in international relations is, above all, practised with CISG, United Nations Organization Convention on International Sale of Goods which is extraordinarily important for the well-being and progress of international sales.

2017 ◽  
Vol 21 (3) ◽  
pp. 208-223
Author(s):  
Byung Mun Lee

Purpose The purpose of this paper is to describe and analyze the rules on the formation of contracts under Korean law and the Contracts for the International Sale of Goods (CISG) in a comparative way and introduce the relevant proposed rules under the Amendment Draft of the Korean Civil Code (KCC). In addition, it attempts to compare and evaluate them in light of the discipline of comparative law. Design/methodology/approach In order to achieve the purposes of the study, it executes a comparative study of the rules as to the formation of contracts of the CISG, Korean law and the Amendment Draft of the KCC. The basic question for this comparative study is placed on whether a solution from one jurisdiction is more logical than the others and to what extent each jurisdiction has responded to protect the reasonable expectations of the parties in the rules as to the formation of contracts. Findings The comparative study finds that most of the rules under the CISG are quite plausible and logical and they are more or less well reflected in the proposals advanced by the KCC amendment committee. On the other hand, the other rules under the CISG which have brought criticisms in terms of their complexity and inconsistent case law invite us their revision or consistent interpretation. The drawbacks of the CISG have also been well responded in the Amendment Draft of the KCC. Nevertheless, it is quite unfortunate that the Amendment Draft of the KCC still has a rule that regards any purported performance with non-material alteration of the terms of an offer as an acceptance. Originality/value This study may provide legal and practical advice to both the seller and the buyer when they enter into a contract for international sales of goods. In addition, it may render us an insight into newly developed or developing rules in this area and show us how they interact with each other. Furthermore, it may be particularly useful in Korea where there is an ongoing discussion for revision of the KCC.


2018 ◽  
Vol III (I) ◽  
pp. 1-8
Author(s):  
Muhammad Amir ◽  
Muhammad Rizwan ◽  
Saira Bano

The present study is an effort to analyze the mode and intensity of Chinese interests in Pakistan. By examining the policy of pursuit in finding another market in the region, the study aims to understand the current warmth of the relationship between China and Pakistan. Although maintaining a perpetually friendly relationship with China has always been a cornerstone of Pakistan’s foreign policy, yet strengthening this relationship into a structured partnership remained a gradual process in the light of their mutual interests. In the politics of international relations, the relationship between countries is a complex interaction of pragmatic national interests, which are multifaceted and could take an alternate course with changing regional and international scenarios. As both Pakistan and China share many common political, economic and strategic interests due to which both are giving their utmost priority to protect their interests related to the other. This paper will investigate the situation where it is commonly believed that China is inevitable by avoiding the vice-versa. No doubt common threats and challenges faced by both the nation is the major cause to unite them in terms of security, political, economic and strategic fronts.


2002 ◽  
Vol 43 (155) ◽  
pp. 163-177
Author(s):  
Jelena Perovic

The breach of a international sales contract by one party gives the other party a right to recover damages, but we are here concerned with more specialized remedy - avoidance of the contract. In the UN Convention on the International Sale of Goods (CISG) as in national legal systems, avoidance is not available for every breach of contract. The question whether the party affected by the disturbance may avoid the contract instead of being restricted to a claim for damages or other remedies with the contract continuing in force, depends of the seriousness of the breach of contractual obligation. In the Convention, a party may avoid the contract when the other party commits a 'fundamental breach'. The party affected by breach must suffer a detriment which must be such 'as substantially to deprive him of what he is entitled to expect under the contract unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result'. The definition of 'fundamental breach of contract', as a fruit of world-wide compromise, is not always easy to apply both for the parties and the judges and it's notions of 'substantial detriment' and 'foreseeability' may give rise to divergent judicial interpretation and application. .


2016 ◽  
Vol 7 (3-4) ◽  
pp. 472 ◽  
Author(s):  
Salman Türken ◽  
Hilde Eileen Nafstad ◽  
Joshua Marvle Phelps ◽  
Rolv Mikkel Blakar

<p style="margin: 0cm 0cm 42pt 36pt;"><span style="color: #131413; font-family: Times New Roman; font-size: medium;">Youths’ well-being and subjectivity are strongly related to prevailing political, economic, and social conditions. Neoliberalism has extensively permeated societies worldwide, changing the way individuals, especially youth, make sense of their surroundings and themselves. There is thus an increasing need to investigate how youth subjectivities are influenced in contemporary societies that are under the influence of neoliberalism. Through an analysis of the future orientation of youth, we can investigate discourses that shape youth subjectivities. In this study, we perform a Foucauldian discourse analysis of the future orientation of youth — high school students, from two national contexts, Turkey and Norway — who were asked to write an essay on their personal futures. We investigate what dominant discourses are revealed in the youths’ writings and how they may influence their subjectivities and well-being. We detail two frameworks of discourses, one pertaining to materialism and the other pertaining to education and career, that our participants drew upon in their writings. We relate these discourses to neoliberalism and discuss the extent to which youth constitute themselves as neoliberal subjects of their respective societies. We discuss how these discourses may also be related to their well-being in diverse ways.</span></p>


2021 ◽  
Vol 3 ◽  
Author(s):  
Joanna C. Yau ◽  
Peter McPartlan ◽  
Stephanie M. Reich

Research on adolescent texting has largely focused on whether the frequency of texting is associated with well-being. Whether the motives for texting is associated with well-being is not well known. We surveyed 130 young adolescents (Mage = 12.41 years) and identified user-clusters based on their motives for texting. We then examined whether the clusters were associated with phone habits that may affect health and learning (e.g., phone placement when sleeping). Participants were asked how often they texted someone when they were excited, proud, frustrated, angry, anxious, sad, needed help with homework, wanted to make plans, and needed advice [0 (never) to 4 (always)]. Using k-means clustering, we identified six clusters. On one end of the continuum were Frequent-Texters and Positive-Frequent-Texters. Frequent-Texters texted often for all purposes and Positive-Frequent-Texters frequently texted for all purposes except expressing negative emotions. On the other end of the continuum were Selective-Texters and Positive-Selective-Texters. Selective-Texters rarely texted for any reason and Positive-Selective-Texters rarely texted except for expressing positive emotions. In between were the Moderate-Texters and the Positive-Practical-Moderate-Texters. Moderate-Texters texted less frequently than Frequent-Texters and more frequently than Selective-Texters for all purposes. Positive-Practical-Moderate-Texters texted more frequently than Moderate-Texters for positive emotions and for practical reasons. Clusters differed by gender, texting experience, and Fear of Missing Out (FOMO). Frequent-Texters started texting at a marginally younger age than Selective-Texters, had high FOMO scores, and were all girls. Clusters also differed in their phone habits. For instance, when sleeping, Frequent-Texters were more likely than other groups to have their phones on or next to the bed. When doing homework, Selective-Texters were less likely to keep their phones on or near them. Interestingly, Positive-Frequent-Texters were more likely to have the ringer on or to have their phone on vibrate while doing homework, but not more likely to keep their phones nearby. Given that texting is a common communication method, it is important to understand the heterogeneity of reasons why youth text and how those reasons relate to phone habits.


1967 ◽  
Vol 28 ◽  
pp. 177-206
Author(s):  
J. B. Oke ◽  
C. A. Whitney

Pecker:The topic to be considered today is the continuous spectrum of certain stars, whose variability we attribute to a pulsation of some part of their structure. Obviously, this continuous spectrum provides a test of the pulsation theory to the extent that the continuum is completely and accurately observed and that we can analyse it to infer the structure of the star producing it. The continuum is one of the two possible spectral observations; the other is the line spectrum. It is obvious that from studies of the continuum alone, we obtain no direct information on the velocity fields in the star. We obtain information only on the thermodynamic structure of the photospheric layers of these stars–the photospheric layers being defined as those from which the observed continuum directly arises. So the problems arising in a study of the continuum are of two general kinds: completeness of observation, and adequacy of diagnostic interpretation. I will make a few comments on these, then turn the meeting over to Oke and Whitney.


Author(s):  
Melanie K. T. Takarangi ◽  
Deryn Strange

When people are told that their negative memories are worse than other people’s, do they later remember those events differently? We asked participants to recall a recent negative memory then, 24 h later, we gave some participants feedback about the emotional impact of their event – stating it was more or less negative compared to other people’s experiences. One week later, participants recalled the event again. We predicted that if feedback affected how participants remembered their negative experiences, their ratings of the memory’s characteristics should change over time. That is, when participants are told that their negative event is extremely negative, their memories should be more vivid, recollected strongly, and remembered from a personal perspective, compared to participants in the other conditions. Our results provide support for this hypothesis. We suggest that external feedback might be a potential mechanism in the relationship between negative memories and psychological well-being.


2014 ◽  
Vol 45 (2) ◽  
pp. 167-178 ◽  
Author(s):  
Steven C. Hertler

Abstract The five factor trait of conscientiousnessis a supertrait, denoting on one hand a pattern of excessive labor, rigidity, orderliness and compulsivity,and on the other hand a pattern of strict rectitude, scrupulosity, dutifulness and morality. In both respects the obsessive-compulsive personality is conscientious; indeed, it has been labeled a disorder of extreme conscientiousness (Widiger et al., 2009). Antisocial personality disorder, in the present paper, is described as occupying the opposite end of the conscientiousness continuum. The antisocial is impulsive rather than compulsive, illicit rather than licit, and furtive rather than forthright.After clinically comparing the obsessive and antisocial personalities, the present paper invokes evolutionary theory to explain their resultant behavioral, ideological, political and demographic differences.


2014 ◽  
Vol 58 (1) ◽  
pp. 13-22
Author(s):  
Roman Wituła ◽  
Edyta Hetmaniok ◽  
Damian Słota

Abstract In the paper we present the selected properties of composition relation of the convergent and divergent permutations connected with commutation. We note that a permutation on ℕ is called the convergent permutation if for each convergent series ∑an of real terms, the p-rearranged series ∑ap(n) is also convergent. All the other permutations on ℕ are called the divergent permutations. We have proven, among others, that, for many permutations p on ℕ, the family of divergent permutations q on ℕ commuting with p possesses cardinality of the continuum. For example, the permutations p on ℕ having finite order possess this property. On the other hand, an example of a convergent permutation which commutes only with some convergent permutations is also presented.


2019 ◽  
Vol 29 (6) ◽  
pp. 147-170

The article provides a comparison of the concept of homo œconomicus with the core theses of René Descartes’ moral philosophy. The first section draws on the work of the contemporary Western philosopher Anselm Jappe in which Descartes’ philosophy is held to be the cornerstone of the established view and current scientific definitions of homo œconomicus as the fundamental and indispensable agent of capitalistic relations. As opposed to this “common sense” position in the modern social sciences, the second section of the article builds upon Pierre Bourdieu’s Anthropologie économique (2017) to demystify the notion of homo œconomicus. The article then examines some aspects of modern philosophical anthropology that show odd traces of Descartes’ thinking and that are regularly applied in economic science as well as in the critique of economic thinking as such. These are the concepts of mutuality, giving, exchange and generosity, and they are regarded as central to the philosopher’s moral doctrine.The author concludes that the philosophical doctrine of generosity has very little in common with the bourgeois ideology of utility which implies an instrumental relationship between subjects: in Caretesian moral philosophy the Other is neither an object of influence nor a means to achieve someone’s personal goals nor a windowless monad. Generosity certainly has its economic aspects, but these do not include accumulating wealth in the bourgeois sense. It is more in the realm of the aristocratic practice of making dispensations. All throughout his life Decartes may be viewed as exhibiting a peculiar kind of nobility in which the desire to give, endow and sacrifice outweighs any selfish interest. The vigorous pursuit of well-being gives way to a quest for the leisure required to pursue intellectual activity, and care for oneself does not preclude attending to and loving the Other, whatever form it may take.


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