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Remedies for Non-performance:Perspectives from CISG, UNIDROIT Principles & PECL(一)

  The comparative analysis contained speculates on the potential similarities and differences of these sectors, intending to enunciate rules which are common in international commercial law and at the same time to select the solutions which seem best adapted to the special requirements of international trade. One should note, however, that to the extent this contribution doesn''t give absolute priority to any one of the three instruments, whenever it is necessary to choose between conflicting rules and sometime then to derive a number of general principles which apply to all of the rules, what''s decisive to the criterion used is not just which rule is mandatory or adopted by the majority of jurisdictions, but rather which of the rules under consideration have the most persuasive value and/or appear to be particularly well suited for international commercial transactions.
  
  LIST OF ABBREVIATIONS
  A. For Documents
  BGB  German Civil Code
  Chinese CL  Chinese Contract Law
  CISG/Convention  United Nations Convention on Contracts for the International Sale of Goods
  Clunet   Journal du Droit International
  CLOUT   Case Law on UNCITRAL Texts
  COM   Working Documents of the European Commission
  Contract Code   Contract Code Drawn upon on behalf of the English Law Commission
  Draft   1978 Draft of the CISG
  HGB   German Commercial Code
  ILR   International Law Report
  ITC   International Trade Code
  OJ   Official Journal of the European Communities / Union
  O.R.   Official Records of the 1980 Vienna Conference
  PECL/European Principles  Principles of European Contract Law
  Secretariat Commentary  Secretariat Commentary on the 1978 Draft of the CISG
  TLDB  CENTRAL Transnational Law Database
  UCC   Uniform Commercial Code
  ULF   Uniform Law on the Formation of Contracts for the International Sale of Goods


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