| Description |
516 pages : forms ; 25 cm |
| Series |
ICC publication ; no 624 |
|
Publication (International Chamber of Commerce) ; no 624
|
| Contents |
1. Principles of International commercial Contracts. 1.1. Freedom of contract. 1.2. Lex mercatoria. 1.3. Mandatory law -- 2. International Contracts of Sale. 2.1. The origin of CISG. 2.2. The applicability of CISG and choice of law. 2.3. The formation of the contract of sale. 2.4. Interpretation of contracts. 2.5. The gap-filling function of custom of the trade and non-mandatory law -- 3. The Transactions. 3.1. The sale of tangibles. 3.2. The sale of intangibles and mixed contracts -- 4. Payment Modalities. 4.1. Simultaneous exchange of goods for money. 4.2. Payment in advance. 4.3. Documentary credit. 4.4. COD and CAD. 4.5. The right of stoppage in transit. 4.6. Retention of title -- 5. Protection Against Breaches of Contract and Changed Circumstances. 5.1. Bid bonds, performance bonds, first demand-guarantees. 5.2. Changed conditions and principle of binding contracts (pacta sunt servanda). 5.3. Exemption, force majeure and relief clauses. Force majeure clauses. Hardship clauses. Price adjustment and currency clauses -- 6. Trade Terms and the Contract of Carriage. 6.1. The variants (from EXW to DDP). Incoterms. 6.2. Changed routines for the performance of the contract of carriage -- 7. The Risk of Loss, Damage or Delay During Carriage of the Goods. 7.1. General principles of risk distribution. 7.2. Transport insurance. 7.3. The insurer's recourse actions -- 8. The Co-Ordination of the Contracts of Sale, Carriage, Insurance and Financing. 8.1. The interrelation between the different contracts. 8.2. The traditional importance of the bill of lading. 8.3. The risks inherent in the bill of lading systems. 8.4. Sea waybills. 8.5. Electronic bills of lading -- 9. Resolution of Disputes. 9.1. Conciliation. 9.2. Court proceedings or arbitration? 9.3. Some salient features of arbitration. 9.4. Check-list of some important questions in arbitration -- 1. The Seller's Performance. 1.1. Specification of the goods and the seller's obligation to ensure conformity. 1.2. The four categories of trade terms (E-, F-, C- and D- Incoterms 2000). 1.3. The A- and B- classification of seller's and buyer's obligations to deliver and take delivery. 1.4. The main elements of the 13 Incoterms. EXW. FCA. FAS. FOB. CFR. CIF. CPT. CIP. DES. DEQ. DAF. DDU. DDP. 1.5. How to choose the optimal trade term. 1.6. Cost distribution systems -- 2. General Principles Relating to the Buyer's Remedies for the Seller's Breach of Contract. 2.1. The buyer's right to require specific performance. 2.2. The buyer's right of avoidance. 2.3. The buyer's right of compensation. 2.4. Exemption from liability for breach -- 3. The Seller's Liability for Failure to Deliver Conforming Goods. 3.1. The buyer's obligation of examine the goods and notify non-conformity. 3.2. The seller's obligation to cure defects. 3.3. The seller's right to cure defects. 3.4. The buyer's right to price reduction. 3.5. The seller's product liability. 3.6. Exemption and limitation of liability clauses -- 4. The Buyer's Performance. 4.1. The buyer's payment obligation and the determination of the price. 4.2. The ICC Uniform Customs and Practice for Documentary Credit (UCP 500). 4.3. The buyer's failure to co-operate or to take delivery. 4.4. The buyer's breach of ancillary obligations. 4.5. The seller's right to require the buyer to pay the price. 4.6. The seller's right of avoidance in case of the buyer's breach. 4.7. The seller's right to default interest and damages -- 5. Anticipatory Breaches of Contract. 5.1. Right to suspend performance. 5.2. Right of avoidance in case of anticipatory breach -- 6. Effects of Avoidance. 6.1. Avoidance requires notice on the other party (CISG art. 26). 6.2. Release from the restitution of performance. 6.3. Preservation of the goods in case of the buyer's failure to take deliver of rejection of the goods -- 1. The Market for Transportation Services. 1.1. Charterparty and liner trade for carriage of goods by sea. 1.2. Carriage over land and by air. 1.3. Multimodal transport. 1.4. Freight forwarders and cargo consolidation. 1.5. Freight forwarder documents (the FIATA-documents) -- 2. The Particular Risk Distribution Under Contracts of Carriage by Sea. 2.1. The marine adventure and cost distribution in general average. 2.2. Mandatory minimum liability under the 1924 Bill of Lading convention (the Hague Rules). 2.3. The 1978 Hamburg Rules and the resistance to change -- 3. The Carrier's Liability for Carriage of Goods by Air, Rail, Road and Multimodal Transport. 3.1. The contract of carriage determines the scope of application of the respective conventions. 3.2. Air transport. 3.3. Rail transport. 3.4. Road Transport. 3.5. Declarations of value. 3.6. The liability of the multimodal transport operator (MTO). 3.7. The 1991 UNCTAD/ICC Rules for Multimodal Transport Documents -- 4. The Liability of Terminal Operators. 4.1. Freedom of contract prevails. 4.2. The 1991 OTT-convention -- 5. The Liability of Freight Forwarders. 5.1. The 1967 UNIDROIT draft convention. 5.2. The freight forwarder's liability as carrier. 5.3. The 1996 FIATA Model Rules for Freight Forwarding Services -- 6. The Interrelation Between the Contract of Sale and Contracts Within the Transport Sector |
| Summary |
"The book presents a framework of the most relevant rules and practices applicable to transnational trade transactions. The presentation is mainly based upon generally accepted principles as evidenced by international conventions, as well as rules and practice elaborated under the auspices of governmental and non-governmental bodies, such as UNIDROIT, UNCTAD, UNCITRAL and ICC, CMI, FIATA and BIMCO. The book is intended for use in schools for economics as law as well as in practice worldwide."--BOOK JACKET |
| Notes |
Includes index |
| Subject |
Commercial law.
|
|
Export sales contracts.
|
|
Foreign trade regulation.
|
| Author |
International Chamber of Commerce.
|
| LC no. |
00703136 |
| ISBN |
9041197974 (Kluwer Law International) |
|
9139005887 (Norstedts Juridik) |
|
