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Now ratified by 73 countries from every geographical region, representing
every stage of economic development and every major legal and economic system,
the United Nations Convention on Contracts of the International Sales of Goods
(CISG) has changed the way international sales contracts are drafted and
resulting disputes settled. In the decade since the Third Edition of Professor
John Honnold’s classic commentary, there has been vast growth in the number of
decisions from tribunals around the world which have applied the CISG, an
explosion of new scholarly analyses of the Convention, and remarkable
developments in the research infrastructure that permits access to those
materials. These developments have raised many new issues, and have deepened
our understanding of (or, in some instances, effectively resolved) old ones.
The remarkable progress of this epoch-making uniform international law calls
for an updated edition of Professor Honnold’s treatise.
This Fourth Edition retains the original’s incisive article-by-article
commentary, as well as its insistence on how the parties’ duties and the
corresponding remedies need to work together (‘like scissor-blades,’ to quote
Professor Honnold’s vivid simile) and the many concrete examples that
illustrate and test the Convention’s response to problems that arise in
international trade. It deals definitively with the crucial aspects of sales
contracts, including the following, taking fully into account the myriad
variations among distinct legal systems:
delivery of the goods and handing over of documents;
conformity of the goods and third party claims;
remedies for breach of contract by the seller;
payment of the price;
remedies for breach of contract by the buyer;
anticipatory breach and instalment contracts;
effects of avoidance; and
preservation of the goods
conclusion ( formation) of contracts.
In explicit recognition of Professor Honnold’s unique understanding of the
Convention’s development and the issues that occupied those who drafted and
finalized the text, the substantial new textual material incorporated into
this new edition is set in bold italics, allowing the reader to distinguish
the work of the editor from text preserved from earlier editions, and thus
identifying the material that carries Professor Honnold’s special authority.
Over three decades Professor Honnold’s almost intuitive grasp of the
instrument has guided governments, tribunals, scholars and practitioners
towards an enlightened international understanding of the treaty. This new
edition provides tribunals, practitioners, and scholars with even more
invaluable insights into the meaning of each article of the Convention. The
hundreds of decisions cited, many of them dating from the last few years, will
continue to influence the promotion of international sales contract
uniformity, encourage the settlement of disputes, and help to reinforce
consensus in the application of the Convention.
Research Resources; Bibliographic Notes and Abbreviations I.
Resources for Research II. Bibliographic Notes; Abbreviations A.
Books and Reports B. Conventions, Statutes, Statements of Principles
and General Conditions C. Chapters, Articles and Other D.
Periodicals I. Overview Chapter 1. The 1980
Convention: A Brief Introduction A. Primary Role of the Contract B.
Major Contours of the Convention C. Development of the Convention
Chapter 2. Salient Features of the 1980 Convention A. Scope of the
Convention B. Interpretation of the Convention C. Formation of
the Contract: Part II of the Convention D. The Sale of Goods: Part III
of the Convention E. An Invisible Gain: The Omission of “Awesome
II. Ommentary Part I: Sphere of Application and General
Provisions Chapter I: Sphere of Application Chapter II: General
Provisions Part II: Formation of the Contract Part III: Sale of
Goods Chapter I: General Provisions Chapter II: Obligations of
the Seller Section I: Delivery of the Goods and Handing Over of
Documents Section II: Conformity of the Goods and Third-Party Claims
Section III: Remedies for Breach of Contract by the Seller Chapter III:
Obligations of the Buyer Section I: Payment of the Price Section II:
Taking Delivery Section III. Remedies for Breach of Contract by the
Buyer Chapter IV: Passing of Risk Chapter V: Provisions Common
to the Obligations of the Seller and of the Buyer Section I:
Anticipatory Breach and Installment Contracts Section II: Damages
Section III: Interest Section IV: Exemptions Section V:
Effects of Avoidance Section VI: Preservation of the Goods Part IV:
Final Provisions Introduction of Part IV of the Convention A.
Overview of Part I B. Development of Part IV C. Discussion of
Salient Provisions, Index