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Comparison Between the Central List and The Vienna Convention For The International Sale of Goods Specific Topics

A comparative study between the Central list and the Vienna Convention would constitute a useful basis for the interpretation of the Convention in those cases where a uniform interpretation cannot be reached. For the purpose of this topic, the study shall be limited to some specific topics of commer...

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Main Author: Lamaud, Emmanuel
Format: Thesis
Language:English
Published: Department of Commercial Law 2014
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access_status_str Open Access
author Lamaud, Emmanuel
author_browse Lamaud, Emmanuel
author_facet Lamaud, Emmanuel
author_sort Lamaud, Emmanuel
collection Thesis
description A comparative study between the Central list and the Vienna Convention would constitute a useful basis for the interpretation of the Convention in those cases where a uniform interpretation cannot be reached. For the purpose of this topic, the study shall be limited to some specific topics of commercial contracts that are important, in particular in regard to the difficulty of interpretation they represent for the CISG. Accordingly, this dissertation is to be divided into five parts. In the first part the TLDB Principle on good faith is compared with CISG counterpart article 7(1). In the second part, the TLDB Principle on fundamental non-performance is compared with article 25 CISG on fundamental breach of contract. In the third part, the TLDB principles dealing with Force majeure and Hardship are compared with article 79 CISG on Exemption. The fourth part is focused on the specific topic of price determination and the comparison between TLDB Principle IV.5 and Arts. 14(1) and 55 CISG. The fifth and final part deals with damages and the comparison between TLDB Principle VI.1 and article 74 CISG.
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institution University of Cape Town (South Africa)
language English
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2014
publishDateRange 2014
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publisher Department of Commercial Law
publisherStr Department of Commercial Law
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spelling oai:open.uct.ac.za:11427/4650 Comparison Between the Central List and The Vienna Convention For The International Sale of Goods Specific Topics Lamaud, Emmanuel A comparative study between the Central list and the Vienna Convention would constitute a useful basis for the interpretation of the Convention in those cases where a uniform interpretation cannot be reached. For the purpose of this topic, the study shall be limited to some specific topics of commercial contracts that are important, in particular in regard to the difficulty of interpretation they represent for the CISG. Accordingly, this dissertation is to be divided into five parts. In the first part the TLDB Principle on good faith is compared with CISG counterpart article 7(1). In the second part, the TLDB Principle on fundamental non-performance is compared with article 25 CISG on fundamental breach of contract. In the third part, the TLDB principles dealing with Force majeure and Hardship are compared with article 79 CISG on Exemption. The fourth part is focused on the specific topic of price determination and the comparison between TLDB Principle IV.5 and Arts. 14(1) and 55 CISG. The fifth and final part deals with damages and the comparison between TLDB Principle VI.1 and article 74 CISG. 2014-07-30T18:14:59Z 2014-07-30T18:14:59Z 2014-07-30 Master Thesis Masters LLM http://hdl.handle.net/11427/4650 en application/pdf Department of Commercial Law Faculty of Law University of Cape Town
spellingShingle Lamaud, Emmanuel
Comparison Between the Central List and The Vienna Convention For The International Sale of Goods Specific Topics
thesis_degree_str Master's
title Comparison Between the Central List and The Vienna Convention For The International Sale of Goods Specific Topics
title_full Comparison Between the Central List and The Vienna Convention For The International Sale of Goods Specific Topics
title_fullStr Comparison Between the Central List and The Vienna Convention For The International Sale of Goods Specific Topics
title_full_unstemmed Comparison Between the Central List and The Vienna Convention For The International Sale of Goods Specific Topics
title_short Comparison Between the Central List and The Vienna Convention For The International Sale of Goods Specific Topics
title_sort comparison between the central list and the vienna convention for the international sale of goods specific topics
url http://hdl.handle.net/11427/4650
work_keys_str_mv AT lamaudemmanuel comparisonbetweenthecentrallistandtheviennaconventionfortheinternationalsaleofgoodsspecifictopics