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The book deals with insurance of the 11 rules in Incoterms 2020 and under Common Law. Incoterms, cargo insurance and common law principles are the leading players in international commercial transactions. Although based on common law principles, Incoterms and cargo insurance practices have global application as all other legal systems and jurisdictions look to the common law for guidance. The book examines the importance of insurance in international commerce, extent of the parties’ insurance responsibilities at common law and under Incoterms 2020 Edition. Prior to detailed treatment of insurance aspects, it places the subject into perspective and context by including the wider, but related, discussions of the history, nature, property and risks transfers, as prerequisite background of the international sales contracts. Central to the book is focus on FOB and related Incoterms without sellers’ insurance responsibilities, in contrast to CIF/CIP Incoterms with sellers’ insurance obligations. It then proceeds to a wider investigation of the full extent of parties’ insurance responsibilities at common law and under Incoterms 2020.
The details of international business are growing more complex by the day-and even the most seasoned professionals can find themselves in need of guidance. This comprehensive answer book supplies readers with a clear view of the entire export/import process, explaining the ins and outs of shipping and insurance; payment mechanisms; distributors vs. agents; customs and export control requirements; and transportation issues. Featuring dozens of sample contracts, procedures, checklists, and ready-to-use forms-Export/Import Procedures and Documentation is an authoritative voice in the everchanging, often confusing world of international laws and regulations. The revised fifth edition contains ne...
An initial chapter provides an introduction into CISG and Swiss law (as proposed proper law of the terms of sale) with respect to such legal areas which do not fall within the scope of the CISG (e.g. transfer of claims, offsetting, periods of limitation, validity of contracts etc.) and examines deviations in this context in comparison with other more significant legal systems (especially Anglo-American law). Additionally important general legal issues regarding international purchase agreements are discussed (incl. American and European export control and antitrust regulations) and ways for effective incorporation of general terms and conditions into international agreements are pointed out ...
The primary objective of the book is to introduce the reader to techniques of negotiating transnational marketing and sales contracts bearing in mind the most important regulatory measures relevant to transnational marketing and sale of goods. Since a transnational approach is adopted, the contents of the book are applicable to any jurisdiction. The work deals with certain issues which have assumed particular importance in contract negotiation - for example, equality of parties, full disclosure of quality and standards of goods, product liability, restrictions as to advertising products and so on as well as discussing the variety of payment methods that have been developed in view of the changing context of international businesses.
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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...