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Celebrating Succes: 25 Years United Nations Convention on Contracts for The International Sale of Goods

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The aforesaid discussion highlights only some of the features of the CISG.rnAs Macaulay says in his essay published in (1977) 11 Law & Society Review 507, the buyers and sellers need to plan and deal with risk. They do so with carefully drafted contracts. To increase the chance that the contract will be performed, the legal system ought to meet the following standards: (a) it must define when the contract would be regarded as validly made; (b) it must provide for application of norms that reflect the customs of the commercial community; and (c) it must offer remedies that either induce performance or compensate for non-performance.rnThe following represents a sound approach to the issue:rnComprehensive legal and management review of procurement and sales procedures to be followed under the new regime by international persons and their legal advisors is desirable as increasing numbers of countries ratify and increasing use is made of the CISG. Such traders need to identify clients and circumstances in which use of the CISG is preferable over use of domestic law. Moreover, the opportunities, accidentally and unknowingly, to become subject to the CISG remain very real. Failure to think clearly about choice of governing law issues at the time of contracting is quite likely to lead to unpleasant surprises in the event of a dispute. Many similarities between the CISG and the (United States Uniform Commercial Code) UCC are readily observable, and the litigation involving the CISG thus far reported suggests that the CISG is functioning well. Nonetheless, serious pitfalls await those who assume that the differences between the CISG and otherwise applicable law, such as the United States' UCC, are of no moment.19rnEventually, India's international traders and their legal advisers must assess if the CISG meets these standards. A good contract law is one that enables the buyer and the seller to approach their lawyer requesting him to predict, as far as possible, what a court would do if a dispute were to arise. The more predictable the outcome, the better the contract law. Ultimately, the CISG would be a good contract law for India only if it turns out that it meets the above standard.rn

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Ketersediaan

B00611

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

346.337 02 CEL

Penerbit

SINGAPORE : SINGAPORE INTERNATIONAL ARBITRATION CENTRE., 2006

Deskripsi Fisik

x + 202 hlm,; 25 cm

Bahasa

Indonesia

ISBN/ISSN

981-05-5516-4

Klasifikasi

346.337 02

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Tipe Media

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