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La 4e de couverture indique : "Offers Practical advice on C.I.F. and F.O.B. contracts and their most common variants with easy reference to solutions for issues you may be face. Covers the nature of each sales term under both Common law and the new Incoterms ® 2010 Rules, including: property and risk in the goods, the physical shipment, the documentary tender of bills of lading, policies and certificates of insurance, licences and certificates together with payment, remedies for breach and conflict of laws. Includes commentary on all the significant legislative and contractual developments and new decisions of the European Court of Justice, the Supreme Court/House of Lords, the Court of Appeal and the Commercial Court. Covers in full the CIF and FOB Incoterms ® 2010 Rules often incorporated by reference in shipment sales of commodities and manufactured goods. Includes express references to the most common standard form contracts in current use such as the GAFTA (2010 edn), and FOSFA (2008 edn) C.I.F. and F.O.B. forms and the 2009 Institute Cargo Clauses. Includes a detailed analysis of the effects of the Uniform Customs and Practice for Documentary Credits (the UCP 600) on documentary tender and their influence on recent judicial trends."
This work provides a comprehensive statement of the law and practice relating to CIF and FOB contracts, the two main international shipping contracts. It examines the two instruments separately. Topics include discussion of the practical impact of the Hamburg Rules, and a detailed overview of many international cases - with over 100 cases added since the last edition. No other title covers these distinct and important contracts in such detail.
This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 11th International Colloquium, held at Swansea Law School in September 2015. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding international sale and carriage contracts. The book is set out in three parts: Part I offers a detailed and critical analysis on emerging issues and unresolved questions in international sales and the carriage contracts affected to facilitate such sales. Part II critically and thoroughly analyses the legal issues that often arise in the context of security over goods, letters of credit and similar documents. Part III is dedicated to a critical and up-to-date discussion on matters concerning cargo insurance in this context. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in international trade and carriage of goods.
This addition to the literature on international trade law adopts a traditional approach to the subject area, and is based around the CIF (costs, insurance, freight) and FOB (free on board) sales contracts.
This book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract. Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikely option for the buyer. Traders around the world very frequently choose English law to govern their contracts, with disputes to be resolved through London arbitration or litigation. The basis of that law is to be found in the English Sale of Goods Act 1979, and the book consequently also includes an examination of the fundamental principles of that Act, as well as considering use of the Vienna Convention on the International Sale of Goods. This book will be an invaluable reference point for legal practitioners specialising in the sale of goods, as well as postgraduate students and academic researchers working in sales of goods and the international trade sector.
This is the third edition of the leading authority on English sale of goods law known for its clarity of expression, rigorous scholarship and depth of treatment of problem areas.