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"An indispensable and compact reference guide that provides an ideal platform for scholars, practitioners (in-house counsel, legal advisors and advocates) and students internationally. The reviewer is tempted to extend this list to include commercial parties such as the importers and exporters as the writing is clear, concise and direct, contract clauses and practitioner tips sections are provided, and finally because the book provides illustrations to which they can relate."
European Review of Private Law 2017 (of the 1st edition)
Almost 5 years have passed since the first edition of this popular work was published. Much relevant case law and legal literature have since been published which requires treatment. Furthermore, several hard and soft laws relevant to the book have undergone important changes: the enactment of the new Chinese Civil Code, the French Civil Code following extensive reforms in in 2016, the UNIDROIT Principles now apply as amended in 2016, and the INCOTERMS 2020 replace the former INCOTERMS 2010. Scholars and practitioners will find its systematic survey of the field invaluable.
List of contents
Summary of ContentsCHAPTER 1
INTRODUCTION
Larry A DiMatteo, Andre Janssen, Ulrich Magnus and Reiner SchulzeCHAPTER 2
LANGUAGE AND TRANSLATION ISSUES
Claire M. Germain & Larry A. DiMatteoCHAPTER 3
PRECONTRACTUAL LIABILITY IN THE CIVIL LAW
Adam FuglinszkyCHAPTER 4
PRE-CONTRACTUAL LIABILITY IN THE COMMON LAW
Larry A. DiMatteoCHAPTER 5
SCOPE OF CISG
Sieg EiselenCHAPTER 6
JURISDICTION
Sieg EiselenCHAPTER 7
CONTRACTUAL FORMALITIES
Sieg EiselenCHAPTER 8
FORMATION OF CONTRACT
Reiner SchulzeCHAPTER 9
INCORPORATION OF STANDARD TERMS
Ulrich MagnusCHAPTER 10
TRADE TERMS AND INCOTERMS
Ulrich Magnus and Burghard PiltzCHAPTER 11
VALIDITY OF CONTRACT TERMS
Edoardo FerranteCHAPTER 12
DELIVERY OF GOODS
Sorren KieneCHAPTER 13
DELIVERY OF DOCUMENTS
Christian Fleischmann and Martin Schmidt-KesselCHAPTER 14
CONFORMITY OF GOODS
Bruno ZellerCHAPTER 15
SALES AND INTELLECTUAL PROPERTY RIGHTS
Wentong ZhengCHAPTER 16
EXAMINATION AND NOTIFICATION OF NON-CONFORMITIES
Andre JanssenCHAPTER 17
PERFORMANCE AND BREACH OF CONTRACT
Ulrich MagnusCHAPTER 18
ANTICIPATORY BREACH
Qiao LiuCHAPTER 19
REMEDIES AND DAMAGES
Michael BridgeCHAPTER 20
AVOIDANCE FOR BREACH OF CONTRACT
Harriet N. Schelhaas and Harry M. FlechtnerCHAPTER 21
RISK OF LOSS
Michael BridgeCHAPTER 22
EXCUSE: FORCE MAJEURE AND HARDSHIP
Larry A. DiMatteoCHAPTER 23
CONTRACT INTERPRETATION AND MERGER CLAUSES
Lisa Spagnolo and Larry A. DiMatteoCHAPTER 24
PRODUCTS LIABILITY
Michel CannarsaCHAPTER 25
ASSIGNMENT, DELEGATION AND THIRD-PARTY RIGHTS
N. Orkun AkseliCHAPTER 26
DEFENSES
Francesco Paolo Patti and Willibald PoschCHAPTER 27
AGENCY AND DISTRIBUTION AGREEMENTS
Severine SaintierCHAPTER 28
LONG-TERM CONTRACTS: INSTALLMENT AND SUPPLY CONTRACTS
Larry A. DiMatteo and Giuditta Cordero-MossCHAPTER 29
POST-CONTRACT: CONTINUING OBLIGATIONS & RIGHTS
Larry A. DiMatteoCHAPTER 30
CHOICE OF LAW
Petra Butler
About the author
Larry DiMatteo is Huber Hurst Professor of Contract Law & Legal Studies at the University of Florida, United States.André Janssen is Professor of Private Law at Radboud University, the Netherlands.Ulrich Magnus was formerly a Professor of Law at the University of Hamburg; Chair for Civil Law, Private International Law and Comparative Law. He was previously a Judge at the Court of Appeal of Hamburg and Director of the International Max-Planck-Research School for Maritime Affairs, Germany.Reiner Schulze is Professor Emeritus of German and European Civil Law at the University of Münster, Director of the Institute for International Business Law and Director of the Centre for European Private Law, Germany.
