"An indispensable and compact reference guide that provides an ideal platform for scholars, practitioners (in-house counsel, legal advisors and advocates) and students internationally. The reviewer is tempted to extend this list to include commercial parties such as the importers and exporters as the writing is clear, concise and direct, contract clauses and practitioner tips sections are provided, and finally because the book provides illustrations to which they can relate."
European Review of Private Law 2017 (of the 1st edition)
Almost 5 years have passed since the first edition of this popular work was published. Much relevant case law and legal literature have since been published which requires treatment. Furthermore, several hard and soft laws relevant to the book have undergone important changes: the enactment of the new Chinese Civil Code, the French Civil Code following extensive reforms in in 2016, the UNIDROIT Principles now apply as amended in 2016, and the INCOTERMS 2020 replace the former INCOTERMS 2010. Scholars and practitioners will find its systematic survey of the field invaluable.
Table Of Contents
Summary of Contents
CHAPTER 1
Introductio
Larry A DiMatteo, Andre Janssen, Ulrich Magnus and Reiner Schulze
CHAPTER 2
Language and translation issues
Claire M. Germain & Larry A. DiMatteo
CHAPTER 3
Pre-contractual liability in the civil law
Adam Fuglinszky
CHAPTER 4
Pre-contractual liability in the common law
Larry A. DiMatteo
CHAPTER 5
Scop of CISG
Sieg Eiselen
CHAPTER 6
Jurisdiction
Sieg Eiselen
CHAPTER 7
Contractual formalities
Sieg Eiselen
CHAPTER 8
Formation of contract
Reiner Schulze
CHAPTER 9
Incorporation of standard terms
Ulrich Magnus
CHAPTER 10
Trade terms and Incoterms
Ulrich Magnus and Burghard Piltz
CHAPTER 11
Validity of contract terms
Edoardo Ferrante
CHAPTER 12
Delivery of goods
Sorren Kiene
CHAPTER 13
Delivery of documents
Christian Fleischmann and Martin Schmidt-Kessel
CHAPTER 14
Conformity of goods
Bruno Zeller
CHAPTER 15
Sales and intellectual property rights
Wentong Zheng
CHAPTER 16
Examination and notification of non-conformities
Andre Janssen
CHAPTER 17
Performance and breach of contract
Ulrich Magnus
CHAPTER 18
Anticipatory breach
Qiao Liu
CHAPTER 19
Remedies and damages
Michael Bridge
CHAPTER 20
Avoidance for breach of contract
Harriet N. Schelhaas and Harry M. Flechtner
CHAPTER 21
Risk of loss
Michael Bridge
CHAPTER 22
Excuse: force majeure and hardship
Larry A. DiMatteo
CHAPTER 23
Contract interpretation and merger clauses
Lisa Spagnolo and Larry A. DiMatteo
CHAPTER 24
Products liability
Michel Cannarsa
CHAPTER 25
Assignment, delegation and third-party rights
N. Orkun Akseli
CHAPTER 26
Defences
Francesco Paolo Patti and Willibald Posch
CHAPTER 27
Agency and distribution agreements
Severine Saintier
CHAPTER 28
Long-term contracts: installment and supply contracts
Larry A. DiMatteo and Giuditta Cordero-Moss
CHAPTER 29
Post-contract: continuing obligations and rights
Larry A. DiMatteo
CHAPTER 30
Choice of law
Petra Butler
