Journals of Universitas Sangga Buana
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PREDICTING INTER-INDIVIDUAL DIFFERENCES IN THE USE OF IRONY - THE ROLE OF INTELLIGENCE AND INTUITION
No full textReservations and the CISG: The Borderland of Uniform International Sales Law and Treaty Law After Thirty-Five Years, Brooklyn Journal of International Law, 41 (2015)
No full textThe makers of uniform international commercial law have traditionally used an instrument of public international law – the treaty between States, or ‘convention’ – in order to unify commercial law rules governing the relations between private parties (merchants). The resulting ‘dual character’ of such conventions as creatures of both treaty law and private law gives rise to a host of difficult legal questions. Maybe more than by any other type of legal rules, such questions are raised by reservations, i.e. formal declarations by which States ‘opt out’ of certain provisions in uniform law conventions, leaving it to the courts to determine the precise effect on contracts between private parties.
The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) ranks as one of the most successful uniform international commercial law instrument of all times, having been ratified by 83 States worldwide, among them the U.S., 24 of the 28 EU States, Brazil, Russia, China and Japan. The present article takes the 35th anniversary of the CISG as an occasion to provide an overview of the experiences that have been made with reservations thereunder, investigating the various difficulties that the dual character of its reservations has caused in theory and in practice.
In doing so, the article first discusses the hotly disputed qualification of some of the CISG’s provisions as ‘reservations’ or mere ‘declarations’, and its legal consequences. It then challenges the commonly held perception that reservations reduce the degree of uniformity under international commercial law conventions, arguing that reservations should be regarded as a tool enabling a ‘wider’ uniformity. The article goes on to address problems that have emerged in practice under the CISG, as notably the tendency among courts to overlook reservations and the significant uncertainty they seem to cause both in the eyes of government officials and – maybe more importantly – of judges and arbitrators deciding cases. Finally, it looks forward to the next 35 years and discusses the (likely) rule of reservations in future CISG practice, including the trend to withdraw reservations, which reservations may be here to stay and which may even gain in importance in the future.
In summary, the article presents the most comprehensive treatment yet of reservations under the most important uniform international commercial law convention in force, identifying important lessons to be learned for the unification of commercial law in general
Backbone or Backyard of the Convention? The CISG's Final Provisions, in: Camilla Baasch Andersen & Ulrich G. Schroeter (eds.), Sharing International Commercial Law Across National Boundaries: Festschrift for Albert H. Kritzer on the Occastion of his Eightieth Birthday, 2008
No full textThis book chapter provides a comprehensive discussion of the 'Final Provisions' in Articles 89-101 of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).
After a brief introduction to the purpose of the Final Provisions, it focusses on the Interpretation of Articles 89-101 CISG; the reservations contained therein (inter alia the conditions under which a reservation may be made under the CISG and the legal consequences when such a condition is not (or no longer) satisfied, the time at which a reservation may be made, the legal effects of reservations made, and unclear reservations (and how to avoid them)), 'interpretative declarations' under the CISG (examples of such declarations, their legal consequences under the CISG, and interpretative declarations and interpretative domestic legislation); succession of States and the CISG (how uniform law operates in a world of shifting borders, the effect of State successions upon the status as a CISG 'Contracting State', and successions and reservations); the Convention's relationship with other international instruments: Articles 90, 94 CISG and European Community law; and future accessions to the CISG and the limitation to 'States' (Article 91(3) CISG)
Mindboggle101_atlases
No full textMindboggle-101 surface and volume brain atlases (anatomical labels from a population of brains)
Untersuchungspflichten und Vertretenmüssen des Händlers bei der Lieferung sachmangelhafter Ware, JuristenZeitung, 2010 (Inspection Duties and 'Fault' of Intermediary Sellers in Cases of Delivery of Non-Conforming Goods under German Domestic Sales Law)
No full textSchadensersatzansprüche des Käufers scheitern unter dem BGB nach herrschender Ansicht immer dann an dem fehlenden Vertretenmüssen des Verkäufers (§ 437 Nr. 3 i.V.m. § 280 Abs. 1 Satz 2 BGB), wenn ein produktionsbedingter Sachmangel vorliegt, der Verkäufer jedoch ein bloßer Händler (und nicht der Hersteller der Ware) ist.
Der vorliegende Beitrag begründet, warum dieser Ansatz seit der Schuldrechtsreform 2001 nicht länger haltbar ist, und schlägt eine differenzierende Lösung vor.
Under German domestic sales law, buyers' claims for damages for non-conformity of the goods depend on the seller's fault ("Vertretenmüssen") for the non-conformity. German courts have traditionally denied such fault when the goods delivered had been incorrectly manufactured by a third-party producer, i.e. when the seller was a mere trader. The present paper argues that it has become inconvincing to except sellers from liability since the German law of sales was reformed in 2001, and develops a more appropriate solution
