Lex Mercatoria: Private International Commercial Law
Rights: Copyright © 2004 Lex Mercatoria
See also Sale of Goods
Council Directive 86/653/EEC EC Directive for the co-ordination of the laws of Member States related to Self-employed Commercial Agents 1986
Transnational Law Database at CENTRAL's Transnational Law database on rules and principles of Lex Mercatoria based on Prof. Klaus Peter Berger's concept of the Creeping Codification of Lex Mercatoria is inaugurated on October 26th 2001 at the Conference Globalization of International Business Law held at CENTRAL, Muenster University, Germany. Guest speakers include Lord Mustill.
Complete Commented version of the UNIDROIT Principles of International Commercial Contracts, 2004 "The complete version of the UNIDROIT Principles contains not only the black?letter rules reproduced hereunder, but also detailed comments on each article and, where appropriate, illustrations. The volume may be ordered from UNIDROIT at ‹http://www.unidroit.org›
For an update of international case law and bibliography relating to the Principles see ‹http://www.unilex.info› ."
Representing "a significant step in the globalization of legal thinking". J.M. Perillo
"The success of even binding uniform law instruments ... depends at least to a great extent, on their being brought to the attention of the potential users. This is all the more true of non-binding instruments such as the UNIDROIT Principles" M.J. Bonell
This is a copy of the official commented version of the Unidroit Principles of International Commercial Contracts prepared using the UNIDROIT presentation. The hardcopy integral edition of the English, French, German, Italian and Spanish versions ISBN 88-86449-00-3 may be ordered directly from Unidroit Publications, Via Panisperna 28, 00184 Italy (fax +39-6 69 94 13 94).
Source Document - UNIDROIT
UNIDROIT, Rome, 1994. Text without commentary.
alternative source - Unidroit
alternative source - Law Journal Extra
Other Language editions
Dutch (Prof. Matthias Storme)
Other Language Versions and Members of the Commission
[REMOVED] Primary source and other language versions Matthias E. Storme
"The Principles of European Contract are the product of work carried out by the Commission on European Contract Law a body of lawyers drawn from all the Member States of the European Community, under the chairmanship of Professor Ole Lando. They are a response to a need for a Community-wide infrastructure of contract law to consolidate the rapidly expanding volume of Community law regulating specific types of contract"
Commented version of the Principles of European Contract Law edited by Ole Lando & Hugh Beale ISBN 9041113053
For more information, write to the Secretary of the Commission, Matthias E. STORME, ‹email@example.com›
"Leaving the Shadow for the Test of Practice - On the Future of the Principles of European Contract Law"; by Friedrich Blase, published in The Vindobona Journal of International Commercial Law and Arbitration, Volume 3 Issue 1, 1999 ISSN 1439-9741
US Uniform Commercial Code from the LII
US Contracts from the LII
Rather see: Customs
International Convention on the Simplification and Harmonization of Customs Procedures (Kyoto, 18 May 1973) | Amending Supplement No. 13 - January 1993 World Customs Organization
INSOL International International Federation of Insolvency Professionals
The Insolvency Service UK Executive Agency within the Department of Trade and Industry
See also Carriage of Goods
Marine Insurance Act 1906 (English Statute - highly influential, and selected as applicable law by the Institute Cargo Clauses, (the minimum cover of which is in turn selected by default if nothing else is agreed by INCOTERMS 1990 CIF and CIP these being the only INCOTERMS which impose upon the seller an insurance obligation))
(the minimum cover that is required by INCOTERMS CIF and CIP (A3b) if nothing else is agreed)
UNCTAD Model Clauses on Marine Cargo Insurance (Geneva, 1987)
See also Electronic Commerce.
UNCITRAL Guide to Electronic Funds Transfers
text from Fletcher's.
text from Fletcher's.
See also Limitation Periods
Contracting States/ Status of the Convention . Entered into force 1 January 1988. Today with 62 contracting States representing over two thirds of world trade, this convention provides a (potentially) uniform regime for international sales.
For advice on the implementation of this Convention contact UNCITRAL.
⌠Printable text⌡gopher://gopher.law.cornell.edu/00/foreign/fletcher/KAV2420.txt from The LII.
"Because of the abundance of information, [on the CISG] there is a need to sort out the most helpful publications and determine the types of materials needed. Publications come in a variety of formats--print, disc, and increasingly in electronic form. These recent electronic projects represent breakthrough developments for legal researchers because they use new technologies (i.e., the Internet) and promote cooperation among scholars, practitioners, librarians, and computer specialists. Pace University School of Law is responsible for the major project in this regard. Largely due to the initiative and vision of Albert Kritzer, who is leading the Pace Project, a new tool is being created that will bring together all CISG sources and scholars. Mr. Kritzer, working tirelessly and with experts worldwide, is devoted to making the CISG better known." Claire M. Germain
CISG sites include:
CISG - International Trade Database at The Institute of International Commercial Law, Pace University, School of Law. The most comprehensive effort to chart the growing domain of the CISG, See also The Autonomous Network of CISG Websites
CISG Rabel Website University of Freiburg, Institute of Foreign and International Law
CISG France Professor Claude Witz
CISG Japan Professor Hiroo Sono, Kyushu University, Japan
CISG Finland Professor Tuula ?mm?l?, Faculty of Law, University of Turku
CISG Israel Chief Editor: Dr. Arie Reich, Faculty of Law, Bar-Ilan University
CISG Spain & Latin America Prof. Dr. Pilar Perales, University of Madrid
The United Nations Convention on Contracts for the International Sale of Goods: Guide to Research and Literature by Claire M. Germain (Cornell Law Library)
Uniform Law of International Sales under the 1980 United Nations Convention, John Honnold, Kluwer 1991
International Contract Manual Guides to Practical Applications of the [CISG], Albert Kritzer, Kluwer, 1994
ICC's Incoterms 1990 "International Commercial Terms."
English Sale of Goods Act 1979. (an incomplete presentation of Parts II to VII) England, usually one of the more active participants in the drafting of such Conventions (as the #CISG CISG ), is frequently one of the last States to implement them, as is the case with this Convention. See list of CISG Contracting States
England applies the earlier Uniform Law on International Sale of Goods 1964 (ULIS) to international sales, but only if adopted by the parties to such a sale.
The challenges related to the harmonization of a given area of law are many, and go beyond the important agreement of a common text. Such agreement in itself does not guarantee uniformity of application, even where the convention attempts to encourage this through its provisions on interpretation . For an excellent article placing the issues in perspective, read "Uniform Words and Uniform Application. The 1980 Sales Convention and International Practice" John Honnold.
There has been much success with the #CISG CISG and its uniform adoption (admittedly with not infrequent reservations), there being over Contracting States. On the whole, academics and practitioners the world over, can be confident that when they discuss an article of the CISG, and its interaction with other articles, they are discussing the same text, (whether or not they agree as to its meaning).
It appears that Norway alone amongst the contracting States has implemented the #CISGCISG through "transformation" thought Israel notably is considering it Neither the numbering nor the substantive provisions are the same. Obviously this means that for Norway alone amongst the contracting States it is necessary to search to find e.g. Article 74 (or any other provision of the CISG).
It would have been extremely unfortunate for the CISG, (and mitigated considerably the success it today represents in the harmonization of international sales law), if several countries had chosen such a course of implementation.
This is no criticism of the Norwegian domestic sales law or the Norwegian Sale of Goods Act (which incidentally, is in other respects substantially the same as that of other Nordic countries), but of Norway's implementation of the CISG. From an international (harmonization of law) perspective it is a mistake which hopefully will not be repeated elsewhere.
For advice on the implementation of this Convention contact UNCITRAL. See the:
Norwegian Sale of Goods Act - CISG concordance table, and; the
CISG - Norwegian Sale of Goods Act concordance table
Only the article by article version of the Norwegian Sale of Goods Act is presented here.
The full text ISBN 82-7511-003-3 may be obtained from: The Confederation of Norwegian Business and Industry, Midelthunsgata 27, P.O. Box 5250 Majorstua, 0303 Oslo 3, Norway.
Tel. 22 60 32 90. Fax 22 69 55 93.
None of the Nordic countries implement Part II of the Convention on formation of contracts (having made Article 92 reservations to this effect); and have a reservation not to apply the CISG in transactions between Nordic States ( Article 94 ).
For a Scandinavian view of the CISG see:
"Understanding the CISG in Scandinavia" Joseph Lookofsky. DJ?F Publishing 1996 ISBN 87-574-7420-6
The Autonomous Contract: Reflecting the borderless electronic-commercial environment in contracting; Ralph Amissah (September 1997, Bergen) Paper presented at the XIII nordiske konferanse i rettsinformatikk 17-19 september 1997 "Ulike juridiske aspekter ved et elektronisk marked" organised by the Norwegian Research Center for Computers and Law.