Nordic region has a special interest in this project, as 2014 marks the 25th anniversary of the ratification of the CISG in most of the Nordic Countries. But the interaction between the CISG and domestic law is not merely a Scandinavian concern. CISG Article 7 expressly requires that in the interpretation of the CISG, “regard is to be had to its international character and to the need to promote uniformity in its application”. With particular emphasis on issues relating to Contract Formation, Conformity of Goods and Hardship, the authors discuss how CISG rules and principles impact on or are influenced by domestic sales and contract law, both in the Nordic region and elsewhere.Published with support from Dreyers Fond.
IndholdsoversigtPreface
PART I: TRANSPLANTING THE AGREEMENT PRINCIPLE TO PROMISE - PRINCIPLE SOILChapter 1. The New Nordic Approach to CISG Part II: Pragmatism Wins the Day? – by Jan Kleineman
Chapter 2. CISG Article 16: A Well-placed Principle in the Law of Contract Formation? –
by Mads Bryde AndersenChapter 3. CISG Article 16 and Nordic Domestic Law: Some Challenges of Contract Formation Rules in International Sales Law –
by Berte-Elen R. KonowChapter 4. Comment: A Pragmatic Approach to Contract Formation –
by Sverre BlandholChapter 5. Article 19 CISG & Scandinavian Domestic Law: Conflict or Peaceful Coexistence? –
by Kasper SteensgaardChapter 6. Article 19 CISG & Scandinavian Domestic Law: Conflict or Peaceful Coexistence? –
by Torgny Håstad
PART II: CONFORMITY OG GOODS
Chapter 7. “Domestication” of Article 35(2)(a) CISG? –
by Franco FerrariChapter 8. The Relationship between the Sections and Subsections of CISG Article 35 in Literature, Case Law and Domestic Contract Law: Harmony, Cross-Inspiration or Discord? –
by René Franz HenschelChapter 9. The Influence of Domestic Public Law Requirements on the Application of Article 35 CISG –
by Sonja KruisingaChapter 10. Cator Can’t Compete: Caveat Emptor under CISG Article 35(3)? –
by Joseph LookofskyChapter 11. Some Remarks on the Caveat Emptor Rule under the CISG – in Cator's Case and Others -
by Morten M. FogtChapter 12. Post-Contractual Inspection & Timely Notification – Impact of Domestic Sales Conceptions on Articles 38 and 39 –
by Ulrich MagnusChapter 13. Post-Contractual Inspection & Timely Notification –
by Johnny Herre
PART III: LIABILITY EXEMPTIONS AND HARDSHIPChapter 14. CISG Article 79: Getting Scafomed –
by Harry FlechtnerChapter 15. CISG Article 79: Internationalization and Domestication – by Loukas Mistelis
Chapter 16. CISG Article 79 and Hardship –
by Torsten IversenChapter 17. Additional payment based on “hardship” in “construction sales contracts” (EPC-contracts) governed by CISG? –
by Amund Bjøranger Tørum
PART IV: APPENDICES
List of Contributors
List of Abbreviations
The Nordic Contracts Act -
translated by Sandro Nielsen from its Danish versionIndex of Selected Court Cases
Index of Rules and Topics
