Contract Formation under the CISG and under the Unidroit Principles (Paperback) (ISBN-13: 9783639041767)

The problem of conflicting standard terms in international contracts is a widespread phenomenon. The problem is aggravated as the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not contain a specific rule for this issue. The aim of this book is to explore various solutions for the battle of forms under the CISG. After a short introduction of the CISG, the Uni-droit Principles and an overview of contract formation and standard terms in the two legal texts the book focuses on the battle of forms in general and specifically under the CISG. The author defines the battle of forms as an internal gap of the CISG and proposes a solution for this legal problem based on research on the text of the CISG itself, historical and teleological interpretation, analysis of the general principles underlying the CISG, discussion of case law and scholarly writings. The book concludes with opinions of legal experts, practical implications and recommendations. This book is directed towards legal scholars, lawyers, judges, arbitra-tors and company executives dealing with international contracts.

Author: Stefanie Baumgartner
ISBN-10: 3639041763
ISBN-13: 9783639041767
Publisher: VDM Verlag Dr. Mueller E.K.
Language: English
Published: 06/17/2008
Pages: 144
Format: Paperback
Weight: 0.44lbs
Size: 9.00h x 6.00w x 0.31d