scholarly journals When Bullets Penetrate Bullet-Proof Vests: Conformity of the Bullet-Proof Material to the Contract of Sale and Concurrent Remedies (a Note on the Judgment of the Multi-Member Court of First Instance of Athens 4505/2009)

2011 ◽  
Vol 29 (2) ◽  
Author(s):  
Dionysios P. Flambouras
Keyword(s):  
Civil Law ◽  
Legal Issues ◽  
Vienna Convention ◽  
Original Text ◽  
Full Understanding ◽  
International Jurisdiction ◽  
International Sale Of Goods ◽  
Court Of First Instance ◽  
Detailed Presentation

The Vienna Convention of 1980 for the International Sale of Goods (the “Vienna Convention” or “CISG”) was entered into force in Greece on1.2.1999 by virtue of law no. 2532/1997 (Gov. Gazette A 227/11.11.1997) and has since then been applied and interpreted by fourteen Greek judgments. The judgment of the Multi-Member Court of First Instance of Athens 4505/2009 (“Judgment 4505/2009”) is, if not the most important, one of the most important cases. Its importance is based not only on the CISG legal issues on which it expressed an opinion, but also on the particularities (and complexities) of its facts (its original text exceeds 100 pages and is still unpublished in Greece). On this basis the author believes that the full understanding of the legal issues of Judgment 4505/2009 requires systematic and, to the extent possible, detailed presentation of its complicated facts. It is noted that Judgment 4505/2009 also deals with important legal issues relating to international jurisdiction and Greek domestic civil law. However, this note will only concentrate, with few exceptions, on legal issues relating to the CISG.

scholarly journals Evaluation of New Provisions Regarding Sales and Commercial Sales Amended by New Turkish Code of Obligations the Context of Vienna Convention

2014 ◽  
Author(s):  
Mustafa Topaloğlu
Keyword(s):  
United Nations ◽  
Common Law ◽  
Civil Law ◽  
Vienna Convention ◽  
Sales Contracts ◽  
Swiss Law ◽  
United Nations Convention ◽  
International Sale Of Goods ◽  
Domestic Law

Intendment of the paper herein, to evaluate of new provisions regarding sales and commercial sales amended by new Turkish Code of Obligations numbered 6098 in the context of Vienna Convention on Contracts for the International Sale of Goods which is effective since 01 January 1988. It has a significance to be able to understand why the provisions of the convention have not been completely quoted to Turkish Code of Obligations. Turkish Code of Obligations' numbered 6098, Vienna Convention on Contracts for the International Sale of Goods and Provisions of Vienna Convention on Contract for the International Sale of Goods (CISG/United Nations Convention), Comparing of civil law, common law, and combinations of these (especially Sales contracts in civil law and sales contracts in common law).During the legislation process of Turkish Code of Obligations' provisions regarding sales, both Vienna Convention on Contracts for the International Sale of Goods (CISG/United Nations Convention) and Swiss law has been constituted a source. The Vienna Convention is effective since 01 January 1988 and Turkey has participated to (CISG) on 01 August 2011 and it has been a part of domestic law. The aim of (CISG) is to eliminate the differences among the countries' laws regarding sales; i.e. it constitutes a linking rule and the rules of sales. Since the Convention has been legislated with the effect of various law families and systems, provisions of the convention have not been completely adopted to code of obligations.

scholarly journals Negotiations and contract for the international sale of goods

2021 ◽  
Vol 3 (1) ◽  
pp. 33-47
Author(s):  
Ljubica Tomić
Keyword(s):  
International Law ◽  
Civil Law ◽  
Vienna Convention ◽  
Legal Interpretation ◽  
Private International Law ◽  
Applicable Law ◽  
The Law ◽  
International Sale Of Goods ◽  
The One ◽  
Legal Consequences

Negotiations that precede the conclusion of a contract for the international sale of goods may influence the legal interpretation of that contract, subsequent to its conclusion, on the one hand but can also, on the other hand, provoke the liability of the negotiating parties for termination of negotiations related to the international sale of goods. Applicable law to the liability of negotiators for the commencement, conducting and termination of negotiations is the law determined by virtue of the rules of private international law or the law agreed upon between the negotiators. The Vienna Convention (CISG) is generally not applicable to this phase. For the sake of predictability of the legal consequences of termination of negotiations, especially in the case of complex, high-value business deals and long-lasting negotiations on the international sale of goods, it is recommended that negotiators determine the law applicable to their negotiations. The choice of the law applicable to the contract for the international sale of goods implies the choice of rules for the interpretation of that contract. Rules for the interpretation of the contract for the international sale of goods might give due consideration to prior negotiations, in determining the intent of a party, especially in countries of civil law tradition and in cases where the Vienna Convention is applicable.

Legal support of professional activity

2021 ◽  
Author(s):  
Gennadiy Pracko
Keyword(s):  
Higher Education ◽  
Civil Law ◽  
Legal Issues ◽  
Basic Knowledge ◽  
Professional Activity ◽  
Business Activity ◽  
Educational Standards ◽  
Theory Of Law ◽  
State Educational

This course book is devoted to the issues of legal support of various types of professional activity. Each chapter allows you to master basic knowledge in various legal areas – the textbook examines the basics of the theory of law, constitutional, environmental, administrative, labor and civil law, as well as the basics of business activity, economic disputes and forms of their resolution. The course book is produced in accordance with state educational standards of higher education and is intended for students and everyone interested in relevant legal issues related to a multifaceted professional activity.

Netherlands

2015 ◽  
Author(s):  
Richard Frimston ◽  
Chanien Engelbertink ◽  
Anneke Vrenegoor
Keyword(s):  
The Netherlands ◽  
Member State ◽  
Civil Law ◽  
District Court ◽  
Law System ◽  
Court Of First Instance ◽  
Civil Law System ◽  
The Eu

The Netherlands is a unified kingdom and member state of the EU, with a civil law system. The court of first instance is either the District Court (Rechtbank) or the Sub- District Court (Kantonrechter—‘KR’). KR is part of the District Court.

The Vienna Convention on the International Sale of Goods 1980 (CISG)

2012 ◽  
pp. 197-214
Author(s):  
Nicholas Ryder ◽  
Margaret Griffiths ◽  
Lachmi Singh
Keyword(s):  
Vienna Convention ◽  
International Sale Of Goods

scholarly journals Transfer of Risk of Loss in Turkish Law and International Treaties

2020 ◽  
Author(s):  
Almıla Özkan ◽  
Ayşe Sena Aksakallı
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Vienna Convention ◽  
Legal Systems ◽  
International Treaties ◽  
Law System ◽  
Common Law System ◽  
The Way

The risk of loss refers to the value of the goods that were damaged or destroyed without responsibilities of any party. While the matter of risk of loss differs from legal systems to legal systems, it has been subject to international treaties as well. In Turkish legal system, the abrogated Code of Obligation and Turkish Code of Obligations have different features in terms of transfer of risk of loss. According to abrogated Code of Obligation, the buyer is responsible for the value of the damaged goods as soon as the parties sign the contract. In Turkish Code of Obligations, the seller bears the risk of loss until the delivery of goods or registration. Turkish Code of Obligation is compatible with civil law. And abrogated Code of Obligation is compatible with common law system. There are rules regarding transfer of risk of loss in many international treaties. By the way, it must be stated that rules of transfer of risk of loss in Vienna Convention are compatible with Turkish Code of Obligations.

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