Thesis (Ph. D.)--University of Wisconsin--Madison, 1976. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliography.

International sales contract - Summary The topic of this thesis is an international sales contract. The aim of this thesis was to outline various ways of regulation of international sales contracts. Particular attention was paid to the United Nations Convention on Contracts for the International Sale of Goods and the emerging European legislation Common European Sales Law. The thesis is divided into three main parts. The first part provides insight into the history of the concept of contracts of sale and the definition of this term in Roman law. Following is a brief description of modern regulations on sales contracts. Also an international element is defined in the international sales contracts and basic elements of choice of law rules are discussed in the next section. The last section of this part is devoted to individual regulations regarding international sales contracts. These regulations are divided according to their origins into national regulations, international regulations, norms and rules of European law and the rules of international business transactions - lex mercatoria. The second part of this thesis deals exclusively with the United Nations Convention on Contracts for the International Sale of Goods, which is the most successful international treaty in the area of international sale of...

This mini-dissertation analyses whether COVID-19 can be regarded as a force majeure event in international sales contracts in Africa. It begins by looking at the history and development of force majeure (or more generally, the doctrine of excuse for non-performance) in both civil and common law legal systems. It then moves on to look at whether in terms of the provisions of the CISG, the COVID-19 pandemic can serve as an excuse for non-performance in international sales contracts governed by the CISG. Next, the domestic law of South Africa is considered, and it is analysed whether the COVID-19 pandemic can be an excuse for non-performance in international sales contracts that is governed by South African law. The mini-dissertation concludes by discussing how force majeure clauses can and should be used in international sales contracts during the COVID-19 pandemic. / Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2021. / Centre for Human Rights / LLM (International Trade and Investment Law in Africa) / Unrestricted

The purpose my thesis is to analyse the substantive and temporal scope of application of selected general binding rules governing the international sales contract and to analyse their mutual relations. The work is composed of six chapters, each of them dealing with a different issue of international sales contract. The first chapter deals with the definition of the term international sales contract in view of the practical and theoretical understanding, because the definition of an international sales contract has its own specifics in contrast to the definition of a sales contract in Czech law. The second chapter discusses the basic approaches of legal regulation in private international law and outlines the basic advantages and disadvantages of specific approaches of legal regulation in private international law in view of the international sales contract in this section. I put this chapter into my work for the better understanding and orientation of reader in issue of general regulation of international sales contract. The third chapter deals with the substantive, temporal and personal scope of application of the Czech Act on Private International Law in view of the international sales contract. The fourth chapter discusses the substantive, temporal and personal scope of application of the Rome...

The objective of this thesis is to frame the scope of application of the Vienna Convention on the International Sale of Goods and other instruments of private international law relating to the international sales contract. In this field the gaps in the Vienna Convention are analysed and methods to fill them are explored. The first chapter introduces the key terms of international trade law. First, the types of legal provisions are listed and then the sales contract is defined under both, the Czech law and the Vienna Convention. In the second chapter I focus on the overview of the development of international uniform sales law and on further sources of law, which are important for international transactions. Besides the Convention itself, I study the Rome I Regulation, the uniform principles of international contract law and the Common European Sales Law. The third chapter advances to the core of the thesis, the gaps in the Vienna Convention. After defining the gaps and characterising them, I formulate the basic principles underlying the Convention, which are to be used to fill the internal gaps. In the last, fourth chapter I selected three gaps in the Vienna Convention: interest rate, set off and the form of the contract. One by one, I explain their nature and all approaches to the gap-filling with...

The topic of this thesis is the international sales contract and its formation under the United Nations Convention on Contracts for the International Sale of Goods (CISG or the Vienna Convention). The Vienna Convention is the most significant and widely used legal instrument governing the international sales contract. The aim of this thesis is to highlight interesting aspects of the contract, carry out a deeper analysis of the regulation contained in the Vienna Convention, and to point out and clarify problematic areas. The thesis is composed of two major parts, with the first part essential to the understanding of the second. The first part deals with the basic provisions of the Vienna Convention. It briefly describes its creation, then its sphere of application. Within this part the term "international sales contract" is defined and distinguished from its domestic counterpart and also from the contract for services. The term "goods" is discussed in the context of this regulation. It then deals with the consequences of freedom of contract, the issue of gaps in the regulation and their filling and the interpretation of the regulation. Finally it discusses the question of trade usages, when the CISG differentiates between the usages and practices established between the parties on the one hand and...

The topic of this thesis is a legal regulation of sales contract in international trade. Because of the scope of this work is purchase agreement in a trade, the scope of these diploma does not represent consumer sales (contract of sale between a business and private person who is not acting in the course of his or her business). To better understanding all relations in this thesis, is necessary to explain certain specifics, which are arising from this work. The first parties of this sales contract could be only business persons (undertakers), they are having their "places of business in different states." The second the notion "place of business in different states" means here is going about international contract of sale and so represents subjective aspect of international purchase agreement. Conception of international sales contract in the view of this subjective aspect enforcemented in all legal rules, which regulate international purchase agreement. The thesis is composed of three chapters and eighteen subchapters and provide so quite detail view on the legal regulation of sales contract. Chapter one consists of six subchapters and focuses on general questions, which relate to sales contract in international trade. The first is determined the notion of purchase agreement view in respect of...

The first chapter of the thesis generally deals with international sales contract (legal regulations, concluding contracts, substantial and unsubstantial terms, execution of contract). The second chapter defines the main payment conditions and two types of risk (credit risk and exchange rate risk). The third chapter focuses on delivery conditions, especially on brand new edition of ICC trade terms INCOTERMS. This chapter mentions also questions of insurance. The final chapter analyses three international sales contracts and their terms. The analysis focuses on payment and delivery conditions, the two important terms with impact on price and the whole transaction.

60 Abstract The thesis is called International Sales Contract: The principle of good faith under the United Nations Convention on Contracts for the International Sale of Goods. The aim of the thesis was to outline the position of good faith in international trade together with a reference to its conception in different legal systems with special focus on continental and common law. The main aim of the thesis was to analyse the good faith principle under the United Nations Convention on Contracts for the International Sale of Goods (CISG). The author is trying to offer a theoretical basis for the realization of this analysis through the whole thesis. In doing so, the thesis describes, inter alia, historical development of the good faith principle under the CISG, related geopolitical problems and finally a comparison of the good faith principle under the CISG with other documents dealing with international trade is also included. In analysing the good faith principle under the CISG, the author focused mainly on the issue of different concepts and interpretations of this principle with an emphasis on the precise function of the good faith principle based in Art. 7 (1) of the CISG. The thesis was realized by using a descriptive method since the author used information obtained chiefly from the doctrine and...

The purpose of my thesis is to analyse the scope of application of the UN Convention on Contracts for the International Sale of Goods ("CISG"). The reason for my research is the wide use of the CISG in international trade. Therefore, it is necessary to know exactly when the CISG is applicable. The thesis is composed of four chapters, each of them dealing with a different aspect of international sales contracts. Chapter One is introductory and defines the basic concept of regular and international sales contract in Czech law and legal literature, taking into account the upcoming recodification of the Czech Civil Code. Chapter Two examines the basic approaches of legal regulation in private international law. After a brief theoretical introduction, special attention is paid to various Czech and international legal instruments governing contracts for the international sale of goods. In Chapter Three, I explore the basic requirements for application of the CISG. Using scholarly literature as well as case law, I characterise the concepts of sales contract, goods, place of business, contracting states and party autonomy. Consideration is also given to the material scope of application of the CISG. The existence of controversial issues related to this question is shown on the topic of interest for any sum...