Rezension Zivilrecht: International Sales Terms

Ostendorf, International Sales Terms, 2. Auflage, C.H. Beck/Hart/Nomos 2014 Von stud. iur. Andreas Seidel, Leuven (Belgien) This book is concerning the international sales contract and the terms used for it. It seems like a handbook, but it is more than that. It is a useful guide for everyone who is willing to study international sales and wants to underlie it with practical information. Thus, “International Sales Terms” could be also used as study book for students, lawyers and everyone, who is curious to know more about the international sale of goods. Previous knowledge in domestic sales law, the legal order for civil law in general and some idea about the differences of common and civil law is necessary to understand the structure of a contract and the risks resulting from wrong or misleading terms. Additionally a deeper knowledge in contract design might be helpful, but it isn’t mandatory for the understanding. Ostendorf divides this book in three parts. Part 1 is a general overview, followed by part 2 with a deeper look in to the main parts of the contract: the price, payment terms and delivery incl. trade terms. The last part is about the sales terms in concreto starting with the general provisions (C I), the payment terms (C II), delivery terms (CIII), retention of title (C IV), product defects (C V), limitation of damage claims (C VI), limitation of actions (C VII), export control regulations (C VIII), avoidance by the seller (C IX), confidentiality (C X), force majeure (C XI), formal requirements (C XII), governing law of the contract (C XIII) and litigation incl. arbitration (C XIV). The appendix gives an overview about relevant laws like the CISG (Vienna Sales Convention), parts of the Swiss Code of Obligations and some Swiss statutes. This leads to the general setting of this book. In Ostendorf’sopinion, a sales contract should be concluded under the application of the CISG (no opt-out as mentioned in art. 6 CISG as opportunity) ...Zum vollständigen Artikel

Cookies helfen bei der Bereitstellung unserer Dienste. Durch die Nutzung erklären Sie sich mit der Cookie-Setzung einverstanden. Mehr OK