Text, Cases and Materials on Transnational Commercial Law brings together all the major transnational commercial law instruments relating to commercial contracts in a logical and accessible way. The authors provide students with an extensive discussion on the theoretical issues raised by the law. The text examines the emergence of transnational commercial law, its nature and sources and the method by which harmonization is achieved and some of the key problems involved.
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Verlagsort
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Maße
Höhe: 246 mm
Breite: 171 mm
Dicke: 42 mm
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ISBN-13
978-0-19-925166-7 (9780199251667)
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Schweitzer Klassifikation
Sir Roy Goode is Emeritus Professor of Law in the University of Oxford and Emeritus Fellow of St John's College, Oxford. Herbert Kronke is Secretary-General of UNIDROIT, Rome, and Professor of Law at the University of Heidelberg. Professor Ewan McKendrick is at Lady Margaret Hall, Oxford. Jeffrey Wool is Head of Aerospace Law & Policy, Freshfields Bruckhaus Deringer, London, and Affiliate Professor of Law, University of Washington, Seattle
PART I: GENERAL PRINCIPLES ; 1. The nature, history and sources of commercial law ; 2. The conflict of laws in commercial transactions ; 3. International law as it affects private law conventions governing cross-border commercial transactions ; 4. Comparative law and its relevance to transnational commercial law ; 5. The harmonization of commercial law; instruments and institutions ; 6. The harmonization process ; PART II: A VIEW THROUGH ILLUSTRATIVE CONTRACTS AND HARMONIZING INSTRUMENTS ; 7. International sales and the Vienna Sales Convention ; 8. Agency and distribution ; 9. International bank payment undertakings ; 10. Financial Leasing: The UNIDROIT Convention and the draft UNIDROIT Model Law ; 11. Receivables financing: The UNIDROIT Convention on International Factoring and the UN Convention on the Assignment of Receivables in International Trade ; 12. International interests in mobile equipment and the Cape Town Convention and Aviation Protocol: adding a new dimension to international law-making ; 13. Transactions in securities ; PART III: HARMONIZATION OF GENERAL CONTRACT LAW ; 14. Restatements of contract law ; PART IV: TRANSNATIONAL INSOLVENCY ; 15. Harmonization and co-operation in cross-border insolvency ; ART V: INTERNATIONAL DISPUTE RESOLUTION ; 16. International civil procedure ; 17. International commercial arbitration ; PART VI: RECURRENT ISSUES OF HARMONIZATION ; 18. The sphere of application of a convention: The role of the conflict of laws: determining the connecting factor; co-existence and conflicts of instruments ; 19. Uniformity in transnational commercial law ; 20. Getting to yes: Practical and political problems of harmonization