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Table of Contents
Intro
Foreword by the Editors
Contents
Contributors
Part I: Special Topic: 40 Years of CISG
For an Independent Development of the CISG Beyond Article 7 (2): A Stocktake and a Proposal
1 Introduction
2 Dynamic Elements in Article 7 CISG and Their Limits
2.1 The Dynamic Interpretation of the Convention Pursuant to Article 7 (1) CISG
2.1.1 The Goals of Interpretation: Article 7 (1) CISG and Beyond
2.1.2 Dynamic Tools in the Methods of Interpretation of the CISG
2.1.2.1 The Application of the CISG in Its Systematic and Historic Context
2.1.2.2 The Importance of Underlying Comparative Analysis
2.2 Supplementation of the Convention Pursuant to Article 7 (2) CISG
2.2.1 The Mechanism of Gap Filling Under Article 7 (2) CISG
2.2.1.1 The Identification of Gaps Within the Scope of the Convention
2.2.1.2 Gap Filling by Analogy or General Principles
2.2.2 The Limits of Supplementation Pursuant to Article 7 (2) CISG
3 The Independent Development of the CISG Beyond Article 7 (2) CISG
3.1 The Independent Development of the CISG as a Distinct and Necessary Category Beyond Article 7 (2) CISG
3.1.1 Terminology of an Independent Development of the CISG
3.1.2 A Justification for the Recognition of the Independent Development of the CISG as a Distinct Methodological Category
3.1.2.1 The Case for a Distinct Category of Independent Development of the CISG
3.1.2.2 Potential Criticisms of the Independent Development of the Convention
3.2 A Proposal for Prerequisites and Criteria for an Independent Development of the CISG
3.2.1 Criteria for the Admissibility of an Independent Development
3.2.2 Substantive Criteria for an Independent Development
3.2.2.1 Potential Starting Points for the Development of Substantive Criteria
3.2.2.2 A Proposal of Substantive Criteria
4 Concluding Remarks
References
Forever Young: The Gap-Filling Mechanism of the CISG As a Factor of Its Modernization
1 Introduction
2 Method of Interpretation of Article 7(2) CISG
2.1 Use of Methodology Rooted in Domestic Law
2.2 Use of Methodology Rooted in International Law
2.3 Use of ``CISG-Specific ́́Methodology
3 The Elements Defining the Scope of Application of Article 7(2) CISG
3.1 Matters Governed by the Convention
3.2 Matters Not Expressly Settled in the Convention
4 The Gap-Filling Role of General Principles upon Which the CISG Is Based
5 The Use of the Rules of Private International Law
6 Conclusion
References
Anticipatory Breach of Contract in Uniform Contract Law: Overview of the Solution of the UN Convention on the International Sa...
1 Introduction
2 General Rules of the CISG on Anticipatory Breach
3 Future Fundamental Breach of Contract
4 The Debtorś Refusal to Perform
5 Contract Avoidance: Declaration and Legal Effects
Foreword by the Editors
Contents
Contributors
Part I: Special Topic: 40 Years of CISG
For an Independent Development of the CISG Beyond Article 7 (2): A Stocktake and a Proposal
1 Introduction
2 Dynamic Elements in Article 7 CISG and Their Limits
2.1 The Dynamic Interpretation of the Convention Pursuant to Article 7 (1) CISG
2.1.1 The Goals of Interpretation: Article 7 (1) CISG and Beyond
2.1.2 Dynamic Tools in the Methods of Interpretation of the CISG
2.1.2.1 The Application of the CISG in Its Systematic and Historic Context
2.1.2.2 The Importance of Underlying Comparative Analysis
2.2 Supplementation of the Convention Pursuant to Article 7 (2) CISG
2.2.1 The Mechanism of Gap Filling Under Article 7 (2) CISG
2.2.1.1 The Identification of Gaps Within the Scope of the Convention
2.2.1.2 Gap Filling by Analogy or General Principles
2.2.2 The Limits of Supplementation Pursuant to Article 7 (2) CISG
3 The Independent Development of the CISG Beyond Article 7 (2) CISG
3.1 The Independent Development of the CISG as a Distinct and Necessary Category Beyond Article 7 (2) CISG
3.1.1 Terminology of an Independent Development of the CISG
3.1.2 A Justification for the Recognition of the Independent Development of the CISG as a Distinct Methodological Category
3.1.2.1 The Case for a Distinct Category of Independent Development of the CISG
3.1.2.2 Potential Criticisms of the Independent Development of the Convention
3.2 A Proposal for Prerequisites and Criteria for an Independent Development of the CISG
3.2.1 Criteria for the Admissibility of an Independent Development
3.2.2 Substantive Criteria for an Independent Development
3.2.2.1 Potential Starting Points for the Development of Substantive Criteria
3.2.2.2 A Proposal of Substantive Criteria
4 Concluding Remarks
References
Forever Young: The Gap-Filling Mechanism of the CISG As a Factor of Its Modernization
1 Introduction
2 Method of Interpretation of Article 7(2) CISG
2.1 Use of Methodology Rooted in Domestic Law
2.2 Use of Methodology Rooted in International Law
2.3 Use of ``CISG-Specific ́́Methodology
3 The Elements Defining the Scope of Application of Article 7(2) CISG
3.1 Matters Governed by the Convention
3.2 Matters Not Expressly Settled in the Convention
4 The Gap-Filling Role of General Principles upon Which the CISG Is Based
5 The Use of the Rules of Private International Law
6 Conclusion
References
Anticipatory Breach of Contract in Uniform Contract Law: Overview of the Solution of the UN Convention on the International Sa...
1 Introduction
2 General Rules of the CISG on Anticipatory Breach
3 Future Fundamental Breach of Contract
4 The Debtorś Refusal to Perform
5 Contract Avoidance: Declaration and Legal Effects