Full Description
2020 marked the 40th anniversary of the CISG which now has over 90 Contracting States, with Hong Kong formally adopted the Convention in 2022, and further States are currently considering their accession to the Convention. Even more importantly, significantly more international case law applying the CISG has become available since the last edition in 2016. This timely new edition considers these new cases and other important developments and literature, continuing to provide the meticulous detail and authority of analysis of previous editions. Some of the article-by-article chapters have been completely rewritten.
The fifth edition furthermore includes two new thematic chapters enabling coverage of topical subjects in a holistic way with reference to the various CISG articles they concern. In recent practice, contracts have started to emerge that concern the sale of data, raising numerous issues concerning the applicability of the CISG. The new CISG and Data Trading chapter addresses these questions, making this Commentary the first to cover "digital" trade under the CISG. The new chapter INCOTERMS and the CISG provides easily accessible overviews of all INCOTERMs 2020 and the interactions between contractual CIF, FOB and other INCOTERM clauses and the CISG's provisions in case the Convention applies (as often in practice) as underlying sales law rules.
Since the publication of the first edition in 1998, the Commentary has become an invaluable source for the comprehension and discussion of the Convention, frequently cited by legal writers, tribunals, and courts all over the world. Written by an international team of contributors, this book provides expert analysis, and combines judicial and scholarly views from numerous jurisdictions. This is the most comprehensive and authoritative commentary on the CISG, and an invaluable resource for scholars and practitioners alike.
Contents
Introduction
Preamle
Part I: Sphere of Application and General Provisions
1: Sphere of Application
2: General Provisions
Part II: Formation of the Contract
Part III: Sale of Goods
1: General Provisions
2: Obligations of the Seller
3: Obligations of the Buyer
4: Passing of Risk
5: Provisions Common to the Obligations of the Seller and of the Buyer
Part IV: Final Provisions
1: Commentary on the United Nations Convention on the Limitation Period in the International Sale of Goods 1974
Appendix I: Status of the United Nations Convention on Contracts for the International Sale of Goods
Appendix II: Status of the Convention on the Limitation Period in the International Sale of Goods
Appendix III: INCOTERMS 2020
Appendix IV: UNIDROIT Principles of International Commercial Contracts 2016
