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Yuanshi Bu (ed.)

Chinese Civil Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2013

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. Standard Form Contracts S. 127-135

„… 122 Tietie Zhang Chapter 8. Standard Form Contracts Literature: CHEN Xiaojun (陈小君) (ed …” „… of standard form contracts is no novelty in a modern economy. The efficiency of standard forms has …” „… provided rules in various Chinese laws, including the CL, to ensure fairness in standard form contracts …”

. Formation and Validity of Contracts S. 70-86

„… freedom of contract by introducing a series of provisions on contract formation, liberating formal …” „… not concluded in the form of a memorandum of contract. Signatures and seals have the same effect …” „… the bank’s loss.44 2. Form of Contract a. Form Requirement According to art. 10 CL, a contract may …”

. Particular Types of Contracts S. 136-172

„… proper performance of contracts. a. Forms of Delivery Art. 135 CL explicitly provides for two forms of …” „… sales contract is also available in electronic form so that it does not need to be delivered as a …” „… if the gift contract is in oral or written form. At the same time, taking the interests of the …”

Titelei/Inhaltsverzeichnis S. 1-21

„… 2. Form of Contract …” „… ....................................................................................................... 121 Chapter 8. Standard Form Contracts …” „… .......................................................... 123 2. Model Contracts v Standard Form Contracts ............................................. 125 3 …”

. Performance, Termination and Cancellation S. 87-110

„… in the form of two instalments as part of a security deposit for the performance of the contract …” „… to their contract or its formation a usage of which the parties knew or ought to have known and …” „… the plaintiff was about to sign the formal contract, she found that there was a standard term in the …”

. Property Rights, Obligations and Intellectual Property Rights S. 378-406

„… the transfer of a trademark should be conducted in the form of a transfer of contract by the parties …” „… Labor and Social Welfare (劳动和社会保障部), Publicity Guideline of the Labor Contract Law of The People’s …” „… the UNIDROIT Principles of International Commercial Contracts, Oxford 2009. WAN E’xiang (ed.) ( 万鄂湘编著 …”

. Acquisition of Ownership S. 282-306

„… (卜元石) (ed.), Chinese Business Law, Munich 2010, 221-268. Acquisition of ownership occurs in form of …” „… , exclusively refers to derivative acquisition of ownership by virtue of contracts. Derivative acquisition of …” „… conveyance of title by a single legal act. Typically, this will be a sales and purchase contract, which …”

. Condominium Property S. 307-313

„… contract with the construction entity for the sale of commodity premises (cf. infra Chapter 17 at 1-4) may …” „… registered under the name of a specific proprietor.8 Space, such as a terrace, will form part of the …” „… , and has been listed by the construction entity in the purchase contract of the premise.9 The …”

. Statute of Limitations S. 47-60

„… Invalid Contracts (无效合同诉讼时效问题的论争及处理探讨), Journal of Law Application (法律适用) 2010, No. 10, 50-53. LI …” „… the time limit imposed on the right to rescind a contract.21 Under art. 55 Contract Law, in …” „… Periods of Limitation. 7 8 Hui Zheng 46 respect of a voidable contract, a party’s right to rescind …”

. Liability for Breach of Contract S. 111-126

„… one form of relief instead of expressly excluding mental loss from contract remedy. At most we can …” „… formation or entry into effect of the contract, or a deposit for rescinding the contract, etc. Only the …” „… 106 Funing Huang Chapter 7. Liability for Breach of Contract Literature: CHENG Xiao (程啸), Breach …”

. Overview S. 264-281

„… Yuxin (2010b). I. The Real Rights Law in its Context The Real Rights Law (RRL) forms the central …” „… forms of ownership develop side by side. (…)”. This is only understandable against the background of …” „… Contract Law (CL) of 1999, along with a recent (2012) judicial interpretation on purchase contracts issued …”

. Legal Capacity, Legal Representative and Agency S. 31-46

„… ), Analysis of the Interpretation of Agency by Estoppel in the SPC Judicial Interpretation of the Contract …” „… Contract Law (我国新合同法中的表见代表制度评析), Modern Law Science (现代法学) 2000, No. 5, 114-117. I. Legal Capacity 1 …” „… , when Contract Law was enacted, the concept of "natural person" was referred to instead of "citizen",3 …”

. Overview S. 326-342

„… lies in whether uniform substantive law rules, such as the 1980 United Nations Convention on Contracts …” „… General Principles of Civil Law (GPCL)13 and in the Contract Law (CL)14; (3) rules dealing with …” „… 13 Manjiao Chi 327 viewed that Chapter 8 of the GPCL, together with the Opinions on GPCL, form …”

. Overview S. 176-208

„… individually named tort actions. The former characterizes the civil law approach, while the latter …” „… SCNPC with approximately 160 members, in contrast to the NPC with almost 3,000 deputies, form a …” „… chapters: “General Provisions”, “Liability Prerequisites and Forms”, “Liability Releasing or Reducing …”

Relevant Laws & Regulations S. 61-64

„… --- Contract Law (合同法) 3/15/1999 10/1/1999 --- Interpretation of Supreme People’s Court on Certain Issues …” „… Regarding the Implementation of the Contract Law of the People's Republic of China (Part I) (最高 …” „… Request Forms After the Debt is Due (关于借款到期后债务人在多份空白催收通知单上加盖公章如何计算诉讼时效的请示的答复) 11/01/2004 11/01/2004 …”

. Subjects of Civil Relations S. 343-360

„… . Specifically, concerning negative conflicts of domiciles, the former half of art. 183 of the Opinions of the …” „… conflicts. The former refers to situations of dual nationality, where a person has nationalities of more …” „… engage in civil activities with foreign nationals, such as concluding a commercial contract.19 III …”

. Special Types of Torts S. 218-260

„… performance of production and distribution tasks as stipulated in the employment contract. Art. 42 of the …” „… scope of authorisation, but is embodied in a form of performing duties or is internally relating to the …” „… service contract is not codified in the LTL, but only in the art. 10 of the “Interpretations on Personal …”

. General Provision on Tort Liability S. 209-217

„… ), as well as the forms of relief (compensation, injunction etc.), while other tort law provisions only …” „… contract caused by the interference of a third person is deemed a tort under Chinese law, only when the …” „… violates public policy.23 For example, someone is only liable for inducing a breach of contract, if he …”

. Overview S. 65-69

„… other hand, some of the most fundamental contract rules, such as the formation of a contract, were …” „… formal requirement of a contract, the performance of a contract, and the liability rule for a breach of …” „… contract laws. For example, the CL provides systematic rules on the formation of a contract (infra Chapter …”

. Overview S. 22-30

„… subjects of civil law, especially contract law and property law, and then to assemble a comprehensive …” „… , (2) law of real rights, (3) law of contract, (4) law of personality rights, (5) law of marriage, (6 …” „… , Contract Law (CL)14, Real Rights Law15, Security Law16, Tort Liability Law17, Succession Law18, Marriage …”

doi.org/10.5771/9783845266350

Alexander Bruns, Yuanshi Bu, Hanno Merkt, Sonja Meier, Michael Pawlik, Eiji Takahashi, Silja Vöneky, Jan von Hein - Legal Theory and Interpretation in a Dynamic Society

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Alexander Bruns (ed.), Yuanshi Bu (ed.), Hanno Merkt (ed.), Sonja Meier (ed.), Michael Pawlik (ed.), Eiji Takahashi (ed.), Silja Vöneky (ed.), Jan von Hein (ed.)

Legal Theory and Interpretation in a Dynamic Society

Series: Recht in Ostasien

Volume 19 2021

Results in this title

Dongjin Lee Unfair Terms Regulation in Standard Form Contract: Between Contract and Competition Law S. 363-376

„… Section V Contract Law Unfair Terms Regulation in Standard Form Contract: Between Contract and …” „… Competition Law Dongjin Lee Introduction A standard form contract is a contract that is created using a form …” „… various legal issues regarding standard form contracts: (1) whether or on what conditions a standard form …”

Sebastian Krebber Dynamic Work Processes and Competitive Pressure in Labor and Employment Law S. 389-414

„… employers has intensified the discussion of two atypical forms of employment, fixed-term contracts and temp …” „… of a contract of indefinite duration, full-time, and that the employee performs his work in a plant …” „… cost-effective form of cooperation in the automobile industry is the so called “in-house production”6: Suppliers …”

Sonja Meier Policing Contracts in the Course of Time S. 377-388

„… Roman law, for a contract to be valid, it had to conform to certain formal requirements.2 The idea that …” „… Policing Contracts in the Course of Time Sonja Meier The subject of this paper are contracts …” „… contracts and consider whether there have been changes in attitude over time – not only as regards the …”

Kwang Hyun Suk Comparison between the UNCITRAL Model Law and the EU Regulation in the Context of the Recognition of Foreign Insolvency Proceedings: with an Emphasis on the Recent Hanjin Shipping Case S. 169-200

„… enforcement of a judgment.” However, the distinction between the two is not meaningless. A judgment that forms …” „… automatically, or by a decision of recognition of a court of the recognizing country. The former may be called …” „… delivery principal and interest -2 loan agt provision of security -1 shipbuilding contract -2 charter …”

Frank L. Schäfer Historical Interpretation of the German Civil Code: Limits of Legal Theory S. 57-76

„… wording forms the boundary of any interpretation, but also in the disputed sense that the historical …” „… quoted literature. Prehistory therefore also forms the will of the legislator, albeit only as part of …” „… later stages or in the form of a non-binding historical interpretation and subsidiary to the legislative …”

Titelei/Inhaltsverzeichnis S. 1-10

„… LawSection V Unfair Terms Regulation in Standard Form Contract: Between Contract and Competition Law 365 …” „… publication may be reproduced or transmitted in any form or by any means, electronic or mechanical …” „… Criminal Law – How to Accommodate Cultural Diversity?" 335 Hans-Jörg Albrecht Table of Contents 8 Contract …”

Jan Felix Hoffmann Digital Data in Insolvency Proceedings S. 255-278

„… executory contracts. Cloud service agreements come in many forms and the details will not be assessed here …” „… unsecured creditor. The user is party to an executory contract with the cloud service provider. Therefore …” „… , it is up to the insolvency administrator to assume or to reject the contract. In case the insolvency …”

Ralf Poscher The Normative Construction of Legislative Intent S. 11-46

„… Contracts under American law relies strongly on an objective approach to contract formation. Parties are …” „… issues that will arise with some form of collective intentionali- 14 V. Nourse, « Elementary Statutory …” „… groups do not rely on unanimity, because this would seriously impair their potential to form collective …”

Matthias Jestaedt Dynamics in Law by Means of Legislation and/or Interpretation S. 47-56

„… Dynamics in Law by Means of Legislation and/or Interpretation Matthias Jestaedt The different forms …” „… happen and where no court decides? Is the statute or the contract which would have been at issue before …” „… monopoly for the Constitutional Court. Interpretation is a form of concretisation For legal scholarship …”

Jan Lieder The Duty of Loyalty S. 85-114

„… as among the shareholders themselves. As both forms of appearance have developed separately, I am …” „… Nowadays, under sec. 242 of the German civil code (GCC – Bürgerliches Gesetzbuch), parties to a contract …” „… Furthermore, only certain kinds of loans are valid. In addition, the parties to the contract must agree on …”

Wonyol Jon Activation of Securities Class Actions in Korea S. 217-244

„… ). Wonyol Jon 220 law issues. This paper will focus on the latter, while only briefly mention the former …” „… lead plaintiff with permission from the court, and the information regarding fee contract of the lead …” „… funding contract are divided. Some say that this could enhance accessibility to justice system, but others …”

Alexander Bruns Law Enforcement and Efficiency as Basic Legal Concepts of Civil Procedural Law S. 201-216

„… of property rights or of the right to contract could have similar negative effects. The result that …” „… , the right to be heard, the right to a fair trial and the right to equal treatment of the parties form …” „… ); critical analysis by Kern, Justice between Simplification and Formalism, 2007; more optimistic for future …”

Ok-Rial Song Inquiry on Unexpected Development of Bestellung v. Anstellung in Korea S. 115-130

„… simpler solution was provided; any specific formal contract was not required to create such relationship …” „… . Keywords: Appointment of Directors, Corporate Contract, Bestellung, Anstellung Introduction The distinction …” „… supervisory board (in Germany)1 or a shareholders’ meeting (in Korea),2 while the Anstellung contract, or …”

doi.org/10.5771/9783748925842

Horst Eidenmüller - Regulatory Competition in Contract Law and Dispute Resolution

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Horst Eidenmüller (ed.)

Regulatory Competition in Contract Law and Dispute Resolution

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2013

Results in this title

Axel Metzger Standard Form Contracts as Private Law Regimes S. 125-128

„… 12:32:313B2 9.1.580; Page size: 160.00mm 240.00mmStandard Form Contracts as Private Law RegimesAxel …” „… setting. The paper of Dan Wielsch islimited in its scope to standard form contracts and excludes as such …” „… read Dan Wielschs paper and tosee how wide the landscape of different types of standard form contracts …”

Thomas Ackermann Private Production of Transnational Regulation through Standard Form Contracts S. 155-159

„… throughStandard Form ContractsThomas AckermannI. The Existence of Regulatory Competition in International …” „… privatetransnational law-making in the form of standardized contracts.”1 This idea breaksdown into two elements which I …” „… leads to arejection of state law in favor of non-state law in the form of standardized contracts.In my …”

Dan Wielsch Global Law’s Toolbox: How Standards Form Contracts S. 84-124

„… Law’s Toolbox: How Standards Form Contracts73Reemers Publishing Services GmbHO:/Beck/978-3-406-63416-1/3 …” „… adhesioncontracts. Under the prominent “contract-as-product” theory, contracts form partof the product, economically …” „… : How Standards Form Contracts75Reemers Publishing Services GmbHO:/Beck/978-3-406-63416-1/3d/Chapter_05a …”

Hugh Collins Regulatory Competition in International Trade: Transnational Regulation through Standard Form Contracts S. 134-154

„… the formof standard form contracts) as being in competition for business. The application ofthe idea …” „… a standard formcontract is not exact. No standard form contract is likely to contain some basic …” „… : TransnationalRegulation through Standard Form ContractsHugh CollinsI. The Use of Standard Form Contracts and Boilerplate …”

Horst Eidenmüller Regulatory Competition in Contract Law and Dispute Resolution S. 14-23

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2III. Forms of Regulatory Competition in Contract Law and DisputeResolution …” „… that field.III. Forms of Regulatory Competition in Contract Law andDispute ResolutionFirst, there is …” „… various forms of regulatory competition with respect to contract law anddispute resolution give rise to a …”

Theodore Eisenberg, Geoffrey P. Miller The English vs. the American Rule on Attorney Fees: An Empirical Study of Public Company Contracts S. 484-509

„… . We searched all Form 8-Kfilings and coded information about any contract that fit into one of Table 1 …” „… categories least likely to be based on asimple markup of prior contract forms – employment, licensing, and …” „… types other than mergers and Jan. 2002 to July 31, 2002 formerger contracts.The English vs. the American …”

Erin O’Hara O’Connor Jurisdictional Competition for Dispute Resolution: Courts versus Arbitration S. 440-454

„… source of most empirical claims aboutparty preferences is the contract used to form the parties …” „… left 141 contracts that took the form of service agreements,master service agreements, licensing …” „… the contracts witharbitration clauses carved out some actions or forms of relief for court resolution …”

Florian Möslein Regulatory Competition between Public and Private Rules S. 160-167

„… rules.4By examining the role of standard form contracts in regulatory competition,Hugh Collins …” „… thereforeneeds to compete with private-made rules, in particular with standard form contracts.Collins goes …” „… possibility to opt out by standard form contracts.29 Legislatorshave done so with respect to consumer …”

Titelei/Inhaltsverzeichnis S. 1-13

„… ......................................................................................................... 121Private Production of Transnational Regulation through Standard FormContractsThomas Ackermann …” „… ................................................................................................... 66Chapter 5 Global Law’s Toolbox: How Standards Form ContractsDan Wielsch …” „… ......................................................................................................... 71Standard Form Contracts as Private Law RegimesAxel Metzger …”

Index S. 514-525

„… – recognition 78– regulatory effects 174Standard form contract 44, 112, 129– as private law regimes 6– as …” „… ) 95–96American Rule 478–481, 486, 488, 491, 493,497– adopting by default 491– commercial contracts 473 …” „… – contracts with non-US parties 487– lower rate of use in international contracts476– opting out 475, 490, 492 …”

Andreas Engert Networks and Lemons in the Market for Contract Law S. 317-325

„… California Law Review,1151.Korobkin (2003), Bounded Rationality, Standard Form Contracts, and …” „… properbalance between gap filling and formalism in the sense of sticking to the language ofthe contract …” „… 12:36:233B2 9.1.580; Page size: 160.00mm 240.00mmNetworks and Lemons in the Market for Contract LawAndreas …”

Hugh Beale Characteristics of Contract Laws and the European Optional Instrument S. 326-349

„… pure form, to many B2B contracts. With B2Ccontracts there is more convergence but still I observe …” „… standard pre-contract enquiry forms for realproperty transactions. In other words, standardized practices …” „… deal in common. The rules on contract formation, forexample, are not so different once we get past the …”

Martin Engel, Johanna Stark The CESL as a European Brand – PayPalizing European Contract Law S. 350-359

„… Contract LawMartin Engel/Johanna StarkI. Introduction …” „… has taken a significant step towards integrating and effectively harmonizing European contract law …” „… . Contract law in Europe is a very diverse field,fragmented into 27 member states’ regimes, influenced by …”

Gerhard Wagner Dispute Resolution as a Product: Competition between Civil Justice Systems S. 360-435

„… stage is the one of contract formation, i. e. the negotiation of the commercialcontract which forms the …” „… ) Evidence from Sovereign Bond Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399b …” „… perfectsubstitutes of each other, and some of them are not substitutes at all but may becombined to form a …”

Stefan Vogenauer Regulatory Competition Through Choice of Contract Law and Choice of Forum in Europe: Theory and Evidence S. 240-297

„… standard form contracts used in the sector.84Professor Kieninger flatly concluded that contractual practice …” „… 12:35:383B2 9.1.580; Page size: 160.00mm 240.00mmChapter 9Regulatory Competition Through Choice of Contract …” „… Contract Law and Dispute Resolution . . . . . . . . . 230a) Demand: Preferences of Customers …”

Michael Klausner Comment on Wielsch S. 129-133

„… higher prices rather than a suboptimalstandard form contract. It is in sellers’ interest to have a …” „… 12:32:373B2 9.1.580; Page size: 160.00mm 240.00mmComment on WielschMichael KlausnerI. Are Contracts Based …” „… On Standardized Terms Real Contracts Worthyof Enforcement …”

Lars Hornuf Comment on Eisenberg/Miller S. 510-511

„… empirically. Theyanalyze a unique hand-collected dataset of 2,347 contracts in large U.S. corporations, which …” „… were filed with the SEC to disclose material corporate events (alsoknown as Form 8-K). In particular …” „… to contractaround class actions in consumer contracts.33. The absence of a “Jury Trial Waiver”, which …”

Christoph Thole Can Living Will Regulations Revive Contractual Approaches to Bankruptcy? S. 233-239

„… contract,which forms the basis of this relationship, is, however, often more difficult. Theremay be potential for …” „… toBankruptcy?Christoph TholeI. Bankruptcy Contract Theories …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2202. Contract Model by Alan Schwartz …”

Bruce H. Kobayashi, Larry E. Ribstein Private Lawdrafting, Intellectual Property, and Public Laws S. 56-78

„… mightprofit by writing standard form contracts or general business plans that many firmscan use. Because …” „… appear to beno valid grounds why legal forms such as contracts, insurance policies, pleadings and other …” „… from the nearest form. This reflects the intuition that shifts inindividual contract provisions, such …”

Adam Feibelman Living Wills: A Prelude to Private Ordering Under Bankruptcy Law? S. 212-232

„… of Munich conference on Regulatory Competitionin Contract Law And Dispute Resolution, and the Tulane …” „… particular bankruptcy treatment by contract or by designation in4 See infra note 54 and accompanying text …” „… parties could contract to follow the bankruptcyapproach “that is optimal in their particular circumstances …”

Horst Eidenmüller, Lars Hornuf, Markus Reps Contracting Employee Involvement: An Analysis of Bargaining over Employee Involvement Rules for a Societas Europaea S. 168-199

„… legal form amongst European firms. It is rendered attractive by corporategovernance features such as the …” „… Advanced Studies conference on “Regulatory Competition in ContractLaw and Dispute Resolution”, and the …” „… for thispopularity of the SE corporate form in general and amongst German and Czechfirms in particular …”

Omri Ben-Shahar Arbitration and Access to Courts: Economic Analysis S. 460-483

„… through the useof form contracts.”4 Wagner (in this volume, Ch. 12).5 Wagner (in this volume, Ch. 12 IV. 3 …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466AbstractMandatory arbitration clauses in consumer contracts are widely regarded as problematic …” „… arbitration clauses in consumer contracts are widely regarded asproblematic because they limit consumer’s …”

Gregor Bachmann, Heiko Richter Contracting Co-Determination: The SE-Directive as a Model? S. 200-211

„… Form Contract, 19 Zeitschriftfu¨r Unternehmens- und Gesellschaftsrecht, 169.Romano (1998), Empowering …” „… co-determination.Presumed that firms are suddenly allowed to contract away co-determination and Siemens does so forbeing …” „… (2010), p. 65, pointing out that in this form, the Coase Theorem is a tautology.18 Cf Rose/Ko¨stler …”

Robert D. Cooter, Aaron S. Edlin Clearings and Thickets: Intellectual Property Law and Growth Economics S. 24-37

„… fraction of a lot can contract to allowsomeone to use it. Some theorists think that this fact demarcates …” „… the essential difference betweenproperty law and contract law. See Merrill and Smith. Similarly, the …” „… deadweight loss from monopoly and transactions costs. Otherscholars expand the former to include the latter …”

Ralf Michaels Make or Buy – A Public Market for Legal Transplants? S. 40-55

„… is clearest in products that areactually products of the law, like insurance contracts.11 But it also …” „… internationales Privatrecht, 723.Balbus (1977), Commodity Form and Legal Form: An Essay on the “RelativeAutonomy …” „… Codification, 8 EuropeanReview of Contract Law, 277.Michaels (2013), “One Size Can Fit All” – On Mass …”

Dagmar Coester-Waltjen Comment on Wagner S. 436-439

„… – would like to be applicable to the contract. Thus,this would not be an issue for negotiation, which …” „… the chosen courtwill not lead to the law the parties would like to apply for their contract, then …” „… onemight have to look at forum rules which restrict the choice of law or provide forcertain formalities …”

doi.org/10.5771/9783845259154

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Peter Mankowski (ed.)

Commercial Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

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Eckart J. Brödermann Article 2.1.13 (Conclusion of contract dependent on agreement on specific matters or in a particular form) S. 511

„… contract is not concluded until there is agreement on specific matters or in a particular form, no contract …” „… or compliance with a certain form.6 By doing so, each party to a contract negotiation can avoid the …” „… contract formation.17 Article 2.1.13 (Conclusion of contract dependent on agreement on specific matters or …”

Lisa Spagnolo Article 19 CISG S. 93-101

„… , Art. 19 para. 8; Jan Hellner, ‘The Vienna Convention and Standard Form Contracts’ in Petar Sarcevic …” „… Art. 14 to form the basis for a contract. Standing alone, a counter-offer containing only the …” „… Perales Viscasillas, ‘“Battle of the Forms” Under the 1980 United Nations Convention on Contracts for the …”

Lisa Spagnolo Article 21 CISG S. 105-111

„… . 21(1), no positive action is required by Art. 21(2) to form a contract. In fact, the opposite is true …” „… . Where this is not satisfied, late acceptance will not form a contract automatically under Art. 21(2 …” „… , Art. 20 para. 10. PART II FORMATION OF THE CONTRACT Art. 21 CISG Lisa Spagnolo 105 9 1 (Art. 21(1 …”

Lisa Spagnolo Article 14 CISG S. 58-69

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 I. Overview An offer, if accepted, will form an enforceable contract. Words used by the offeree …” „… take the form of an entity’s own standard business terms, or be sourced from a framework contract …” „… . 14 para. 2. Art. 14 CISG PART II FORMATION OF THE CONTRACT 58 Lisa Spagnolo 1 2 Although Art. 14(1 …”

Eckart J. Brödermann Article 2.1.12 (Writings in confirmation) S. 509-510

„… agreement on the form of the contract conclusion (Art. 2.1.13), para. 2 provides for an exception for …” „… documentation may even be necessary to meet written form requirements.3 Art. 2.1.12 applies after contract …” „… favouring contract conclusion (favor contractus) once the key issues have been agreed6 and absent an …”

Stefan Kröll Article 39 Assignment of Proceeds S. 1504-1531

„… contract UNIDROIT 2.1.18 1 – no form required UNIDROIT 1.2 1 – non-performance based on responsibility by …” „… contract conclusion UNIDROIT 2.1.13 – defined UNIDROIT 2.1.1 – waiver of specific matters or form UNIDROIT …” „… – forms of application UNIDROIT 7.4.8 3, 5 Modification of contract CISG 29 2 et seqq. – by mere …”

Sebastian Omlor Article 29 CISG S. 153-155

„… be applied. Even a written contract can generally be modified by an oral agreement.19 III. Form …” „… agreements requiring the written form for the modification or termination of a written contract are permitted …” „… to the court and how to make use of the court’s discretion.25 Article 29 CISG (1) A contract may be …”

Marco Torsello Article 30 CISG S. 156-162

„… modification or termination of the contract has to prove the corresponding agreement under Art. 29(1) CISG.29 …” „… documents relating to them and transfer the property in the goods, as required by the contract and this …” „… obligations of the seller arising from a contract for the sale of goods. The opening provision of the Chapter …”

Petra Butler Introduction to Articles 45–65 CISG S. 232-237

„… standard form contracts under domestic law regard has to be had as well to the remedies scheme of the CISG …” „… contract and a seller cannot claim damages arising out of the buyer’s failure to give notice.30 A possible …” „… account Art. 44.35 Section III Remedies for breach of contract by the seller Introduction to Articles …”

Lisa Spagnolo Article 18 CISG S. 81-92

„… Resurrected: Contract Formation: Common Law UCC CISG’ (2015) 40(2) North Carolina Journal of International Law …” „… , Art. 17 para. 8. PART II FORMATION OF THE CONTRACT Art. 18 CISG Lisa Spagnolo 81 4 5 I. Overview …” „… error, a contract would be formed under the CISG, the validity of which might be contested under …”

Raimond Emde Article 15 S. 1284-1285

„… of requiring the written form as a condition of effectiveness of an agency contract. Scarcely any …” „… of the parties to the agency contract that each party shall be entitled to receive from the other on …” „… request a signed written document setting out the terms of the agency contract including any terms …”

Lisa Spagnolo Introduction to Articles 14–24 CISG S. 55-57

„… (where both possibities are weighted for probability of success or failure to form a contract) such that …” „… divesting the owner of control. PART II FORMATION OF THE CONTRACT Introduction to Articles 14–24 CISG …” „… FORMATION OF THE CONTRACT Introduction to Art. 14–24 CISG Lisa Spagnolo 55 6 7 of Goods (CISG) (4th edn …”

Peter Mankowski Article 3 CISG S. 24-27

„… services to varying degrees. But it only addresses contracts where manufacturing or producing form part of …” „… covered by (f), but do fall under the CISG when they are the object of sales contracts.26 Oil and gas are …” „… of the oil or gas trade. Article 3 CISG (1) Contracts for the supply of goods to be manufactured or …”

Peter Mankowski Article 12 CISG S. 52-53

„… Del Duca, ‘Implementation of Contract Formation Statute of Frauds, Parol Evidence, and Battle of Forms …” „… all requirements as to form. Contracts under the CISG can be concluded orally. Art. 11 CISG takes …” „… parties to the contract may agree upon formal requirements for their contract, for alterations or …”

Tim W. Dornis Article 72 CISG S. 327-331

„… fundamental breach, the creditor can avoid the contract without delay. There is no form requirement; an …” „… of the contract. In practice, the debtor’s non-performance will often qualify as a ground for …” „… avoidance based on anticipatory breach of contract (Articles 72, 73) or based on non-performance after the …”

Eckart J. Brödermann Article 1.2 (No form required) S. 485

„… resolution clause is integrated into the contract (for example, if the form requirements in Art. II NYC are …” „… comparative analysis of national form requirements see von Mehren chapter 10 Formal Requirements, in: von …” „… limited in rare cases due to prior behaviour (→ Art. 1.8). The freedom to contract includes …”

CISG Marco Torsello Article 34 S. 186-189

„… and in the form required by the contract. If the seller has handed over documents before that time, he …” „… must hand them over “at the time and place and in the form required by the contract”. It is apparent …” „… contract. Similarly, the Convention does not provide rules governing the time, place and form for the …”

Petra Butler Article 65 CISG S. 296-297

„… contract the buyer is to specify the form, measurement or other features of the goods and he fails to make …” „… for breach of contract. However, the seller is not deprived thereby of any right he may have to …” „… may declare the contract avoided: (a) if the failure by the buyer to perform any of his obligations …”

Klaus Ramming Article 1 Definitions S. 993-999

„… performing party under a contract of carriage. The position of a “carrier” is a formal one based only on the …” „… concerning contracts for the carriage of goods by inland waterway, Have decided to conclude a Convention for …” „… this Convention, 1. “Contract of carriage” means any contract, of any kind, whereby a carrier …”

Eckart J. Brödermann Article 6.1.14 (Application for public permission) S. 615-616

„… at similar provisions in the 1976 International Commercial Contracts Law of the former German …” „… contracts underlying UNIDROIT Principles are the later ones, circumstances may imply the application of Art …” „… . 6.1.12. Yet, in case of connected contracts (e.g. contract amendments made under new circumstances such …”

Erik Evtimov, Tatyana Payosova Article 6 Contract of carriage S. 1134-1138

„… consensual contract means. The Explanatory Report of the OTIF explains it as follows: “A formulation …” „… involve the nullity of the other provisions of the contract of carriage. Nevertheless, a carrier may …” „… can be in the interest of both parties to the contract of carriage (e.g. if the limitation is linked …”

Raimond Emde Article 14 S. 1284

„… of requiring the written form as a condition of effectiveness of an agency contract. Scarcely any …” „… of the parties to the agency contract that each party shall be entitled to receive from the other on …” „… request a signed written document setting out the terms of the agency contract including any terms …”

Peter Mankowski Article 11 CISG S. 52

„… Del Duca, ‘Implementation of Contract Formation Statute of Frauds, Parol Evidence, and Battle of Forms …” „… all requirements as to form. Contracts under the CISG can be concluded orally. Art. 11 CISG takes …” „… parties to the contract may agree upon formal requirements for their contract, for alterations or …”

Peter Mankowski Article 1 S. 422-424

„… arising from a contract of international sale of goods or relating to its breach, termination or …” „… contract of sale; b) “creditor” means a party who asserts a claim, whether or not such a claim is for a sum …” „… of money; c) “debtor” means a party against whom a creditor asserts a claim; d) “breach of contract …”

Titelei/Inhaltsverzeichnis

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 PART II FORMATION OF THE CONTRACT Introduction to Articles 14–24 …” „… or neglected. The United Nations Convention on Contracts for the International Sale of Goods (CISG …” „… Credit (UCP) and the UNIDROIT Principles on International Commercial Contracts (PICC). The ensuing …”

Peter Mankowski Article 8 CISG S. 42-46

„… ); Del Duca, ‘Implementation of Contract Formation Statute of Frauds, Parol Evidence, and Battle of Forms …” „… contract and the statements made by either party. Good faith does not form part of the list. But this does …” „… ) in fine caves into the inevitable: The supplementary lex causae of the contract determined by virtue …”

Sebastian Omlor Article 26 CISG S. 143-145

„… processing generally, this breach of contract does generally not classify as fundamental. The criterion …” „… CISG A declaration of avoidance of the contract is effective only if made by notice to the other party …” „… . I. Systematic and teleological classification The avoidance of the contract is not effective ipso …”

Marco Torsello Article 32 CISG S. 175-180

„… of determining the court having jurisdiction with respect to contracts for the sale of goods, the …” „… contract, the goods were delivered, or should have been delivered”.83 Therefore, the place of delivery of …” „… jurisdictional purposes coincides with the place of delivery agreed upon between the parties in the contract …”

Klaus Ramming Article 2 Scope of application S. 1000-1002

„… packed. Article 1 No. 7 clarifies that such articles of transport or the packing form part of the goods …” „… , perhaps together with cargo provided by other shippers. Here, the container does not form part of the …” „… regular mail. IX. “Applicable law” (Article 1 No. 9) If a contract of carriage is, in principle, subject …”

Erik Evtimov, Tetyana Payosova Article 6 Contract of carriage S. 1090

„… of the Contract of Carriage Article 6 Contract of carriage By the contract of carriage the carrier …” „… CIV provides for a primary and two secondary obligations based on the contract of carriage. The …” „… are subject to a special agreement within the context of the contract of carriage. Contract of …”

Peter Mankowski Article 9 CISG S. 47-50

„… formation of contracts as well as to the performance of contracts.1 Usages might in particular provide for …” „… , the contract is formerly on the terms contained in that statement, if the other party does not …” „… contract-forming effect in this regard. Jurisdiction, arbitration, mediation or other dispute resolution clauses …”

Peter Mankowski Article 96 CISG S. 413

„… reservation. The consequence of a relevant reservation under Art. 96 is that the form of the contract is …” „… Louis F. Del Duca, ‘Implementation of Contract Formation: Statute of Frauds, Parol Art. 96 CISG Peter …” „… law applicable to the contract is the law of a Contracting State who has declared the reservation. The …”

Peter Mankowski Article 2 S. 425-426

„… show that the Convention is applicable without regard to the form of the organisation that enters into …” „… a contract.17 Public entities are also encompassed, and are subject to the Convention in the same …” „… way as parties organised in forms provided by private law.18 The notion of public entities extends …”

Peter Mankowski Article 4 CISG S. 28-30

„… Condition in the contract is governed by Arts. 14-24 CISG, including the battle of forms in the event of …” „… Convention governs only the formation of the contract of sale and the rights and obligations of the seller …” „… CISG is limited to the formation of the contract of sale and the rights and obligations of the seller …”

Petra Butler Article 49 CISG S. 257-261

„… formalities as required under the contract or any laws and regulations to enable payment to be made in …” „… contractual relationship. The right to avoid the contract is, therefore, the central element of the …” „… CISG’s strategy to keep the contract in existence as long and as far as possible and to avoid the costs …”

Peter Csoklich Article 1 S. 901-905

„… clause (Art. 3 Rome-I-Regulation), the law applicable to contracts of carriage shall be the law of …” „… shall apply to every contract for the carriage of goods by road in vehicles for reward, when the place …” „… of taking over of the goods and the place designated for delivery, as specified in the contract, are …”

Martin Schauer, Magdalena Gruber Article 7 Unfair contractual terms and practices S. 1342-1349

„… monitored or examined according to the same principles and approach that would be used for a contract review …” „… business partner in the context of contract negotiations. The Late Payment Directive aims at impeding …” „… basis. A potential battle of forms arising out of contending wills has to be evaluated in the light of …”

Eckart J. Brödermann Article 9.1.1 (Definitions) S. 715-717

„… B.(ii)). (v) As a contract (‘agreement’), an assignment requires no form18 (→ Art. 9.1.7(1)) and can be …” „… )8 and the Principles of European Contract Law (PECL – Part III).9 The rules in Chapter 9 apply …” „… whenever an initial contract, governed by the UNIDROIT Principles (in particular as a result of a choice of …”

Lisa Spagnolo Article 16 CISG S. 74-78

„… promissory estoppel); Schroeter, Art. 16 para. 1. Art. 16 CISG PART II FORMATION OF THE CONTRACT 74 Lisa …” „… . 15. PART II FORMATION OF THE CONTRACT Art. 16 CISG Lisa Spagnolo 75 2 3 Some commentators argue …” „… also Ferrari, Art. 16 para. 10. 32 Sarah Jenkins, ‘Contract Resurrected: Contract Formation: Common Law …”

Raimond Emde Article 17 S. 1287-1295

„… is, after termination of the agency contract, indemnified in accordance with paragraph 2 or …” „… the commercial agent's average annual remuneration over the preceding five years and if the contract …” „… performance of the agency contract would have procured him whilst providing the principal with substantial …”

Article 29 Additional national provisions S. 1065-1067

„… provided for in this Convention, the contract of carriage is governed by the law of the State agreed by the …” „… Parties. 2. In the absence of such agreement, the law of the State with which the contract of carriage is …” „… most closely connected is to be applied. 3. It is to be presumed that the contract of carriage is most …”

Petra Butler Article 51 CISG S. 269-273

„… delivered is in conformity with the contract, articles 46 to 50 apply in respect of the part which is …” „… missing or which does not conform. (2) The buyer may declare the contract avoided in its entirety only if …” „… the failure to make delivery completely or in conformity with the contract amounts to a fundamental …”

Eckart J. Brödermann Article 9.3.3 (Requirement of consent of the other party) S. 753-754

„… of ‘special rules governing transfers of contract’, Art. 9.3.2).3 The UNIDROIT Principles require …” „… no particular form (Art. 1.2),4 but – consistent with the principle in Art. 9.2.35 – they do require …” „… expression ‘transfer’ in Art. 9.3.1 has a double meaning:8 (i) Rights under the contract do leave the assets …”

Peter Mankowski Article 6 CISG S. 33-36

„… Art. 5 CISG, a specific exclusion from the CISG, forms only part of the game. It does not amount to an …” „… fields of law are so important that a precedence of contract law over tort law would be justified.8 …” „… Tort and Contract: Opening a New Frontier’, 21 Cornell Int’l. L.J. 467, 473 (1988); Ferrari, ‘The …”

Peter Mankowski Introduction S. 1-8

„… added from the quarters of general contract law, namely the UNIDROIT Principles (PICC, also known as …” „… Transnational Contract Law’, 14 Indiana Journal of Global Legal Studies 469 (2007); id. (ed), Transnationales …” „… also upon non-State “law” like the UNIDROIT Principles on International Commercial Contracts14 or the …”

Klaus Ramming Article 11 Nature and content S. 1022-1026

„… contract of carriage. Corresponding provisions to that effect are to be found in Article 10.1. The …” „… . The carrier may claim the full freight from the consignee, as agreed in the contract of carriage. If …” „… consignee is protected from inflated and unreasonable freight claims agreed under the contract of carriage …”

Eckart J. Brödermann Preamble (Purpose of the Principles) S. 477-483

„… contract formation, quality of performance 7. 47 Bonell, Hague Lecture 2017, at V. (pointing inter alia at …” „… the Principles) These Principles set forth general rules for international commercial contracts. They …” „… shall be applied when the parties have agreed that their contract be governed by them.1 They may be …”

Raimond Emde Article 18 S. 1296-1298

„… takes the form of an assignment, novation or the legal transaction of a transfer of contract is a matter …” „… contract which conforms with commercial practice. However, the courts retain a discretion to award a …” „… , for example, because of the short duration of the contract or where, for example, the agent's loss is …”

Peter Mankowski Article 12 S. 437-438

„… before or after the conclusion of the contract), accrue on the date on which the fraud happened or …” „… . Both should first be determined in accordance with the contract and the terms of the respective …” „… provided for by the law applicable to the contract, one party is entitled to declare the contract …”

Eckart J. Brödermann Article 9.3.2 (Exclusion) S. 753

„… of ‘special rules governing transfers of contract’, Art. 9.3.2).3 The UNIDROIT Principles require …” „… no particular form (Art. 1.2),4 but – consistent with the principle in Art. 9.2.35 – they do require …” „… expression ‘transfer’ in Art. 9.3.1 has a double meaning:8 (i) Rights under the contract do leave the assets …”

Martin Schauer, Magdalena Gruber Article 3 Transactions between undertakings S. 1321-1333

„… the end of the period for payment fixed in the contract; (b) where the date or period for payment is …” „… not fixed in the contract, that the creditor is entitled to interest for late payment upon the expiry …” „… goods or services with the contract is to be ascertained, is provided for by statute or in the contract …”

Eckart J. Brödermann Article 6.1.16 (Permission neither granted nor refused) S. 618

„… forms the other party directly.13 Failure to inform may cause damages (possibly even if the …” „… contract becomes void without the permission, argumentum Art. 3.3.1(2)14), e.g. because of the blocking of …” „… reasonable time from the conclusion of the contract, either party is entitled to terminate the contract. (2 …”

Eckart J. Brödermann Article 3.2.7 (Gross disparity) S. 546-547

„… Article 3.2.7 (Gross disparity) (1) A party may avoid the contract or an individual term of it if …” „… , at the time of the conclusion of the contract, the contract or term unjustifiably gave the other …” „… purpose of the contract. (2) Upon the request of the party entitled to avoidance, a court may adapt the …”

Petra Butler Article 46 CISG S. 239-242

„… There is no distinction between the seller’s main duties under the contract and auxiliary …” „… obligations or between defects in quality or quantity.4 Legal defects of the goods are one form of a failure …” „… 45(1)(b) stems from the duties of the seller imposed by the contract, in particular, the duties stated …”

Petra Butler Article 48 CISG S. 249-256

„… the right to declare avoidance of the contract, is suspended even if in the case of avoidance the …” „… breach of the contract is fundamental.36 After the additional time-period has expired the obligor has the …” „… right to declare avoidance of the contract even there is no fundamental breach (Articles 49(1)(b), 64(1 …”

Lisa Spagnolo Article 24 CISG S. 116-129

„… FORMATION OF THE CONTRACT 116 Lisa Spagnolo 1 2 the timing of when declarations ‘reach’ the addressee in the …” „… Note (e-CC)’), paras 18, 290. See also David- PART II FORMATION OF THE CONTRACT Art. 24 CISG Lisa …” „… . Art. 24 CISG PART II FORMATION OF THE CONTRACT 118 Lisa Spagnolo 8 9 10 More easily identifiable as …”

Peter Mankowski Article 1 CISG S. 11-19

„… which avoids subjecting formation and performance of the very same sales contract to regimes contained …” „… any relevance to similar events which occur prior to the formation of the contract, even if they take …” „… contract (Part II; Arts. 14-24); Sale of goods (Part III; Arts. 25-88); Final provisions (Part IV; Arts …”

Article 1.7 (Good faith and fair dealing) S. 492-493

„… ‘international commercial contracts’ (Preamble para. 1) or which are explicitly excluded (Arts. 3.1.1, 2.1.2(3 …” „… freedom of contract (Art. 1.1);22 bindingness of contracts (pacta sunt servanda) (Art. 1.3), party …” „… ), openness to commercial usages (Art. 1.9), and the policy to keep contracts alive whenever possible (favour …”

Lisa Spagnolo Article 22 CISG S. 112-113

„… speculate in the form of a second chance to decide on whether to conclude the contract with updated …” „… 22.2-22.3; Schroeter, Art. 22 para. 2. Art. 22 CISG PART II FORMATION OF THE CONTRACT 112 Lisa Spagnolo 1 …” „… this modification to terms does not preclude formation,19 a binding contract will arise, and thereafter …”

Wolf Müller-Rostin Article 1 Scope of Application S. 1184-1187

„… , whether it had been agreed upon under the form of a single contract or of a series of contracts, and it …” „… does not lose its international character merely because one contract or a series of contracts is to be …” „… concluded a contract (see paragraph 4). Despite the absence of a contract with the carrier actually …”

Erik Evtimov, Tetyana Payosova Article 7 Ticket S. 1091-1092

„… that it is the national law that governs the conditions for the formation of a contract of carriage …” „… ; Article 6(2) CIV UR relates only to the proof of the existence of such a contract. The ticket shall be …” „… prima facie evidence of the conclusion and the contents of the contract of carriage. Ticket(s …”

Petra Butler Article 50 CISG S. 262-268

„… contract formation and delivery most certainly do.34 It is controversial when “delivery” occurs for the …” „… be non-performance. III. Loss of the right to avoid the contract Articles 49(2) and 64(2) state the …” „… circumstances in which the buyer or the seller respectively can lose their right to avoid the contract. For …”

Lisa Spagnolo Article 20 CISG S. 102-104

„… contract (Art. 29), unlike battle of the forms in domestic laws requiring writing where the existence of …” „… . 17 See discussion at → Art. 24 CISG paras 32-40. PART II FORMATION OF THE CONTRACT Art. 20 CISG …” „… . 20 CISG PART II FORMATION OF THE CONTRACT 104 Lisa Spagnolo 5 6 7 8 …”

Erik Evtimov, Tatyana Payosova Article 27 Substitute carrier S. 1160

„… whole or in part, to a substitute carrier, whether or not in pursuance of a right under the contract of …” „… are conceivable: The carrier, who concludes the contract with the consignor, performs, himself, the …” „… infrastructure. The carrier, who concludes the contract with the consignor, does not, himself, perform the …”

Eckart J. Brödermann Article 1.12 (Computation of time set by parties) S. 498

„… preserves a record of the information contained therein and is capable of being reproduced in tangible form …” „… commercial operations and transactions”.1 The descriptive2 definition for ‘long-term contracts’ in the 4th …” „… hyphen was introduced by the 2016 edition. It emphasises the duration of the contract as the core …”

Tobias Eckardt Article 34 S. 975-977

„… III. Form Given that Art. 33 CMR does not stipulate any requirements as to the form of the …” „… Article 34 If carriage governed by a single contract is performed by successive road carriers, each of …” „… succeeding carrier becoming a party to the contract of carriage, under the terms of the consignment note, by …”

Christoph Oertel IV. INCOTERMS® 2010 S. 828-897

„… formalities B2 Licences, authorizations, security clearances and other formalities A3 Contracts of carriage …” „… ® . . . . . . . . . . . . . . . . . . . . . 34 1. Incorporation of Incoterms® into a Contract …” „… ® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 I. Incoterms® and the ICC The need for trade terms In the context of a contract for the delivery …”

Raimond Emde Article 20 S. 1300

„… business activities of a commercial agent following termination of the agency contract is hereinafter …” „… covered by his agency under the contract. 3. A restraint of trade clause shall be valid for not more than …” „… two years after termination of the agency contract. 4. This Article shall not affect provisions of …”

Eckart J. Brödermann Article 2.1.18 (Modification in a particular form) S. 519

„… Article 2.1.18 (Modification in a particular form) A contract in writing which contains a clause requiring …” „… any modification or termination by agreement to be in a particular form may not be otherwise modified …” „… ’ Clauses Sentence 1 transfers the right to agree on a certain form (Art. 2.1.13) for modifications after …”

Eckart J. Brödermann Article 2.1.17 (Merger clauses) S. 518

„… Article 2.1.17 (Merger clauses) A contract in writing which contains a clause indicating that the …” „… in civil law contexts where lawyers grow up with an understanding that prior versions of a contract …” „… ’ or ‘supplement’ the contents of the contract3 (sentence 1), but, in line with Art. 4.3(a),4 prior …”

Eckart J. Brödermann Article 8.1 (Conditions of set-off) S. 698-705

„… performance is due. (2) If the obligations of both parties arise from the same contract, the first party may …” „… private enforcement.3 It is therefore particularly useful in international contracts. The details …” „… moment of contract negotiation and drafting, setoff is usually a side topic, if it becomes a topic at all …”

Eckart J. Brödermann Article 11.1.1 (Definitions) S. 786-788

„… other forms of obligations5 which are left to contract (Art. 1.5; below D.). Art. 11.1.2 provides a …” „… necessary (Art. 1.6); at the stage of contract drafting it may be wise to include more detailed …” „… separate contracts to perform the same1 obligation. This scenario is known around the globe and becomes …”

Tim W. Dornis Article 71 CISG S. 319-326

„… Anticipatory breach and instalment contracts Article 71 CISG (1) A party may suspend the performance of his …” „… obligations if, after the conclusion of the contract, it becomes apparent that the other party will not …” „… contract. (2) If the seller has already dispatched the goods before the grounds described in the preceding …”

Article 25 CISG S. 130-142

„… contract-drafting, it is highly recommendable to clearly formulate the binding expectations and obligations of both …” „… III SALE OF GOODS Chapter I General provisions Article 25 CISG A breach of contract committed by one …” „… deprive him of what he is entitled to expect under the contract, unless the party in breach did not …”

Eckart J. Brödermann Article 5.3.1 (Types of condition) S. 590-591

„… The implicitly mandatory1 provision in Art. 5.2.6 protects the beneficiary’s freedom of contract (Art …” „… contract,9 subject to interpretation (Arts. 4.1, 4.3–4.7). Section 3 Conditions Article 5.3.1 (Types of …” „… condition) A contract or a contractual obligation may be made conditional upon the occurrence of a future …”

Eckart J. Brödermann Article 5.1.9 (Release by agreement) S. 584

„… and the general rules in chapter 2 on contract formation;6 the offer is subject to 13 …” „… ) Art. 7.3.7 (which concerns long-term contracts) for issues of restitution.17 E. Contractual Options …” „… contracts, Art. 1.11 3d hyphen) and/or (b) options of prolongations. (ii) They can agree on a change of …”

Eckart J. Brödermann Introduction to the UNIDROIT Principles of International Commercial Contracts (“PICC”) S. 462-476

„… making of a contract, formation (including contracting under standard terms, Arts. 2.1.19 et seq.) and …” „… International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts, 3d ed …” „… Contracts, 2d ed. Oxford (2015) (cited as “Vogenauer/author); Vogenauer, Stefan / Kleinheisterkamp, Jan (ed …”

Eckart J. Brödermann Article 7.3.1 (Right to terminate the contract) S. 656-661

„… Termination Art. 7.3.1 UNIDROIT Eckart J. Brödermann 657 1 2 form an obligation under the contract amounts to …” „… damages (Art. 7. 4.1. et seq.) and/or terminate the contract (whereby the time limit under Art. 7.3.2(2 …” „… performance.9 Section 3 Termination Article 7.3.1 (Right to terminate the contract) (1) A party may terminate …”

Eckart J. Brödermann Article 5.2.1 (Contracts in favour of third parties) S. 585-586

„… releasing the obligor from the obligation to deliver the remainder due under the contract).11 C …” „… (Contracts in favour of third parties) (1) The parties (the “promisor” and the “promisee”) may confer by …” „… are subject to any conditions or other limitations under the agreement. A. Concentration on Contracts …”

Eckart J. Brödermann Article 9.1.11 (Successive assignments) S. 731-732

„… initial contract with the obligor is governed by the UNIDROIT Principles, → Chapter 9, Introduction no …” „… ). (c) If the application of the UNIDROIT Principles to the initial contract is not evident by a choice …” „… different assignment contract settings relating to different assignees. (ii) The rule in Art. 9.1.11 does …”

Peter Mankowski Introduction S. 9-10

„… relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods of 1 July 1964 …” „… I. UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS Travaux préparatories …” „… Convention on Contracts for the International Sale of Goods, prepared by the Secretariat [of UNCITRAL …”

Eckart J. Brödermann Article 9.2.1 (Modes of transfer) S. 741-742

„… obligation. A. One Option for Each Contract Partner Art. 9.2.1 is the first of eight articles which provide …” „… for each contract partner of the initial contract (hereinafter ‘main contract’) the basis to ‘transfer …” „… no form required, Art. 1.2)5 to a new obligor (as opposed to legal (e.g. statutory) transfer, e.g. by …”

Peter Mankowski Article 4 S. 429-430

„… contract” might exclude both Conventions.13 Choosing the law of a non- Contracting State as the law …” „… governing the contract amounts to an exclusion14 whereas the mere choice of the law of a Contracting State …” „… would not.15 (2) does not establish any particular requirement as to a specific form to be obeyed. Above …”

Marco Torsello Article 31 CISG S. 163-174

„… ) if the contract of sale involves carriage of the goods – in handing the goods over to the first …” „… contract relates to specific goods, or unidentified goods to be drawn from a specific stock or to be …” „… manufactured or produced, and at the time of the conclusion of the contract the parties knew that the goods …”

Peter Mankowski Article 84 CISG S. 388-391

„… , such remedies kann only be based on the initial breach of contract (by the seller) and not on any …” „… deterioration for which the buyer himself is responsible.2 Since the contract is not avoided der Vertrag and …” „… , but he has nevertheless declared the contract avoided or required the seller to deliver substitute …”

Christoph Brunner, Michael Schifferli Article 38 CISG S. 200-204

„… be unsuccessful or impossible, the buyer may avoid the contract for anticipatory breach (→ Art. 72).6 …” „… from the breach of contract.8 IV. Burden of proof The party deriving rights from Art. 37 has to prove …” „… contract involves carriage of the goods, examination may be deferred until after the goods have arrived at …”

Petra Butler Article 64 CISG S. 296

„… contract the buyer is to specify the form, measurement or other features of the goods and he fails to make …” „… for breach of contract. However, the seller is not deprived thereby of any right he may have to …” „… may declare the contract avoided: (a) if the failure by the buyer to perform any of his obligations …”

Tim W. Dornis Article 70 CISG S. 317-318

„… Article 70 CISG If the seller has committed a fundamental breach of contract, articles 67, 68 and …” „… . Details Fundamental breach Article 70 applies in cases of ‘fundamental breach of contract’ by the seller …” „… not causally related to the seller’s breach of contract (see paras 11-12 in the section on → Art. 66 …”

Erik Evtimov, Tetyana Payosova Article 56 Carriers against whom an action may be brought S. 1121

„… passenger or whose branch office or agency, which concluded the contract of carriage is located in that …” „… of the contract of carriage. For the explanation of the term “branch or agency” is concerned, see …” „… comments to → Art. 46 of the CIM UR. Other claims relating to the contract of carriage must be addressed in …”

Eckart J. Brödermann Article 9.1.13 (Defences and rights of set-off) S. 734-737

„… , contract, form, representation or company law, → Introduction no. 17 at H).13 1. 1 Vogenauer/Mazza Art …” „… .13 If the notice is invalid, the obligee can still request performance under the main contract (the …” „… may not opt out of Art. 9.1.1218 (provided that the initial contract with the obligor is governed by …”

Martin Schauer, Magdalena Gruber Article 12 Transposition S. 1358-1360

„… stakeholders and exchanging good practices in different forms (e.g. expert group meetings or interpretative …” „… Directive, Member States shall decide whether to exclude contracts concluded before 16 March 2013. I …” „… . Moreover, Member States should decide whether contracts concluded before 16 March 2013 are subject to the …”

Peter Csoklich Article 5 S. 912-913

„… contract of carriage 912 Peter Csoklich 3 4 5 6 I. Background Art. 5 CMR describes the form and the number …” „… disputed;1 the contract of carriage, therefore, is not a formal contract:2 insofar, there is no obligation …” „… even the loss of the consignment do affect the existence or the validity of the contract. Moreover, Art …”

Eckart J. Brödermann Article 6.1.3 (Partial performance) S. 599-600

„… to (a) contract1 (Arts. 1.1, 1.3, 1.5, including standard terms and conditions [Arts. 2.1.19-2.1.22 …” „… and in an unperformed part;11 in a notice 2 § 233 Restatement (Second) of Contracts (USA …” „… Pennsylvania judgement Shinn et al v Bodine et al, 60 Pa 18 (Pa 1869) interpreting a contract for 800 tons of …”

Martin Schauer, Magdalena Gruber Article 2 Definitions S. 1311-1320

„… private autonomy agreeing on a certain transaction. The question arises whether other forms of contracts …” „… , regardless of the subject or value of the contract; (3) ‘undertaking’ means any organisation, other than a …” „… Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public …”

Eckart J. Brödermann Article 2.1.19 (Contracting under standard terms) S. 520-521

„… parties use standard terms in concluding a contract, the general rules on formation apply, subject to …” „… contracts, Official Journal L 095, 21.4.1993, p. 29-34. Art. 2.1.19 UNIDROIT Chapter 2 Formation and …” „… of forms. Otherwise, it provides no special regime for abusive or unconscionable standard terms.2 In …”

Lisa Spagnolo Article 15 CISG S. 70-73

„… para. 1. 6 See → Art. 24 CISG. Art. 15 CISG PART II FORMATION OF THE CONTRACT 70 Lisa Spagnolo 29 1 …” „… Art. 16: see → Art. 16 CISG para. 14. PART II FORMATION OF THE CONTRACT Art. 15 CISG Lisa Spagnolo …” „… . 15 para. 7. 19 Art. 8(2) CISG; Sarah Jenkins, ‘Contract Resurrected: Contract Formation: Common Law …”

Peter Mankowski Article 5 CISG S. 31-32

„… conclude the contract, Part III of the CISG could be said to establish an appropriate framework.24 IV …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Liability in contract and liability in tort …” „… ; AppG Basel-Stadt IHR 2010, 217. 19 BGH NJW 2015, 867, 870 (if stemming from a single contract governed …”

Raimond Emde Article 6 S. 1275-1276

„… intended by the parties to express their intent not to conclude a “typical” commercial agency contract, but …” „… to opt for an atypical contract (not subject to the protective regulation),2 is nothing more than …” „… applicable substantive law3 – but evasive transactions are not to be recognized. The survival of the contract …”

Christoph Brunner, Michael Schifferli Article 42 CISG S. 220-225

„… property, of which at the time of the conclusion of the contract the seller knew or could not have been …” „… contemplated by the parties at the time of conclusion of the contract that goods were to be resold or otherwise …” „… where: a. at the time of the conclusion of the contract the buyer knew or could not have been unaware of …”

Introduction Introduction LPC S. 418-421

„… Convention on Contracts for the International Sale of Goods, Convention on the Limitation Period in the …” „… Conventions on Contracts for the International Sale of Goods and the Limitation Period in the International …” „… Time-Barred: The Proper Limitation Regime for International Sales Contracts in International Commercial …”

Eckart J. Brödermann Article 1.11 (Definitions) S. 497

„… all kinds of notices under the UNIDROIT Principles.2 The notice is not subject to any specific form3 …” „… (unless agreed in the contract,4 or unless mandatory law in the sense of Art. 1.4 requires otherwise), but …” „… “place of business” is that which has the closest relationship to the contract and its performance …”

Eckart J. Brödermann Article 3.1.2 (Validity of mere agreement) S. 536

„… contract principle (Art. 1.1) beyond the issue of form (covered by Arts. 1.21 and 1.4).2 Fostering the …” „… ‘mere agreement’ of the parties suffices to conclude a contract3 (subject to proper ‘formation’, Arts …” „… of mere agreement) A contract is concluded, modified or terminated by the mere agreement of the …”

Erik Evtimov, Tetyana Payosova Article 3 Definitions S. 1088

„… contractual carrier with whom the passenger has concluded the contract of carriage pursuant to these Uniform …” „… Rules, or a successive carrier who is liable on the basis of this contract; b) “substitute carrier …” „… ” means a carrier, who has not concluded the contract of carriage with the passenger, but to whom the …”

Erik Evtimov, Tetyana Payosova Article 4 Derogations S. 1088

„… contractual carrier with whom the passenger has concluded the contract of carriage pursuant to these Uniform …” „… Rules, or a successive carrier who is liable on the basis of this contract; b) “substitute carrier …” „… ” means a carrier, who has not concluded the contract of carriage with the passenger, but to whom the …”

Eckart J. Brödermann Article 2.1.22 (Battle of forms) S. 524

„… . 1, p. 163; Vogenauer/Naudé Art. 2.1.22 no. 14 citing von Mehren The Formation of Contracts, chapter …” „… Article 2.1.22 (Battle of forms) Where both parties use standard terms and reach agreement except …” „… on those terms, a contract is concluded on the basis of the agreed terms and of any standard terms …”

Wolf Müller-Rostin Article 40 Respective Liability of Contracting and Actual Carriers S. 1238

„… rules of this Convention, the former for the whole of the carriage contemplated in the contract, the …” „… or consignor contracts individually with different carriers for carriage over each specific segment …” „… , whereas in carriage under Chapter V the passenger or consignor enters into a single contract with the …”

Wolf Müller-Rostin Article 41 Mutual Liability S. 1238

„… rules of this Convention, the former for the whole of the carriage contemplated in the contract, the …” „… or consignor contracts individually with different carriers for carriage over each specific segment …” „… , whereas in carriage under Chapter V the passenger or consignor enters into a single contract with the …”

Klaus Ramming Article 13 Bill of lading S. 1030-1032

„… and separate contract of carriage. The bill of lading determines the relation between the bearer and …” „… the carrier, whilst the contract of carriage is concluded between the carrier and the shipper. The …” „… ). In view of the express distinction between the bill of lading and the underlying contract of carriage …”

Lisa Spagnolo Article 17 CISG S. 79-80

„… . PART II FORMATION OF THE CONTRACT Art. 17 CISG Lisa Spagnolo 79 16 17 1 II. Meaning of rejection …” „… FORMATION OF THE CONTRACT 80 Lisa Spagnolo 2 3 …” „… 653; Schroeter, Art. 16 para. 13. 51 See Peter Schlechtriem, ‘The Borderland of Tort and Contract …”

Eckart J. Brödermann Article 2.1.6 (Mode of acceptance) S. 503-504

„… , favour contractus based approach towards contract formation (→ Art. 2.1.1 no. 3). 3 Official Comments …” „… ’ like a mistake (Arts. 3.2.1 et seq.). The expression of assent is free of a specific form (Art. 1.2),4 …” „… particular form. Possible Impact of Silence Silence does not amount to acceptance (para. 1 sentence 2)11 …”

Stefan Kröll Introduction S. 1416-1419

„… will only be made upon receipt of documents evidencing performance of the contract by the other party …” „… transaction In its traditional form as a secured payment mechanism for a sales transaction the issuance of a …” „… commercial letter of credit is preceded by at least two other contractual relationships, the sales contract …”

Raimond Emde Article 2 S. 1266-1271

„… Directive would continue to apply to the commercial agency contracts, was rightly omitted in the further …” „… agency contract,3 which is outlined in more detail in para. 3 by a non-exhaustive list of case studies …” „… form nor the trade exercised is decisive here. The use of the singular is not intended to exclude the …”

Eckart J. Brödermann Article 11.1.4 (Availability of defences and rights of set-off) S. 791-793

„… the contract formation (chapter 2, including e.g. objections against a surprising standard term, Art …” „… regarding the validity of the contract (chapter 3, e.g. Art. 3.3.1);8 (iii) Art. 7.1.3 (withholding …” „… interpretation of the concrete contract (pursuant to Arts. 4.1, 4.3 et seq.), including e.g. the contract history …”

Erik Evtimov, Tatyana Payosova Article 2 Prescriptions of public law S. 1132

„… the consignor has concluded the contract of carriage pursuant to these Uniform Rules, or a successive …” „… carrier who is liable on the basis of this contract; b) “substitute carrier” means a carrier, who has not …” „… concluded the contract of carriage with the consignor, but to whom the carrier referred to in letter a) has …”

Erik Evtimov, Tatyana Payosova Article 3 Definitions S. 1132

„… the consignor has concluded the contract of carriage pursuant to these Uniform Rules, or a successive …” „… carrier who is liable on the basis of this contract; b) “substitute carrier” means a carrier, who has not …” „… concluded the contract of carriage with the consignor, but to whom the carrier referred to in letter a) has …”

Peter Mankowski Article 95 CISG S. 411-412

„… . (3) adresses the rare case that a declayration was made under (2) and the former non-Contracting …” „… insistence by the former COMECON states, in particular the CSSR.1 The reservation must be declared at the tme …” „… Republic and the USA. Slovakia and the Czech Republic have inherited the reservation declared by the former …”

Eckart J. Brödermann Article 6.1.7 (Payment by cheque or other instrument) S. 606-607

„… contract) may lead to a new place of performance of monetary obligations at the place of business of the …” „… party changing its place of business is obliged to inform its contract partner (duty of cooperation …” „… any form used in the ordinary course of business at the place for payment. (2) However, an obligee who …”

Eckart J. Brödermann Article 9.1.2 (Exclusions) S. 718

„… forms) which lies also outside the scope of international ‘contract’ law and of the UNIDROIT Principles …” „… questions lying beyond the scope of private international contract law (→ Introduction no. 17 at H.) which …” „… ’ assignment of rights pertaining to such instruments by an ‘ordinary’ assignment contract (i.e. without the …”

Tim W. Dornis Article 79 CISG S. 367-376

„… account at the time of the conclusion of the contract or to have avoided or overcome it, or its …” „… the whole or a part of the contract, that party is exempt from liability only if: (a) he is exempt …” „… exemption.2 National rules on impossibility and contract validity are preempted.3 A predecessor to the …”

Raimond Emde Article 16 S. 1286

„… periods with a fixed-term contract (cf. Article 14) which is continued after the end of the term shall be …” „… States where the latter provides for the immediate termination of the agency contract: (a) because of the …” „… claim for damages upon termination of the contract, the damage alleged here must be distinct from …”

Peter Csoklich Article 12 S. 926-928

„… of the carrier under → Art. 23, 29 CMR.12 As clearly follows form the wording of Art. 11 para. (3 …” „… and performance of the contract of carriage 926 Peter Csoklich 7 I. Background …” „… of disposal is a valid contract for carriage.2 Since, in most cases, subsequent instructions imply an …”

Klaus Ramming Article 18 Special exonerations from liability S. 1042-1044

„… the contract of carriage may, by agreement, also be extended to the carrier’s servants and agents. The …” „… idea behind that concept is that the exonerations and limitations of the contract of carriage in favour …” „… contract of carriage. 2. When, in the circumstances of the case, damage could be attributed to one or more …”

Martin Schauer, Magdalena Gruber Article 1 Subject matter and scope S. 1307-1310

„… pay the invoice. The term for payment is usually agreed between the parties in the contract, set out …” „… ). 19 Gutman, The Constitutional Foundations of European Contract Law: A Comparative Analysis (2014) 56 …” „… bankruptcies in the European Union.5 Breaches of contract have been made attractive to debtors as a result of …”

Eckart J. Brödermann Article 11.2.1 (Definitions) S. 813-817

„… ) to take explicit decisions on this subject in the contract drafting process5 (on this issue, the …” „… obligation due to several obligees to a subsequent interpretation of the contract creating the obligation …” „… relates to the same obligation, which is founded either in one contract or different contracts9 “as long …”

Tobias Eckardt Article 32 S. 972-973

„… other cases, on the expiry of a period of three months after the making of the contract of carriage. The …” „… years applies to all claims and actions arising out of a contract of carriage under the convention …” „… the conclusion of a contract of carriage subject to the CMR is a prerequisite.3 The scope of the …”

Raimond Emde Introduction S. 1247-1264

„… form of “close Community connection” of the contract, e.g. in the case of intra-European activities of …” „… the contract. It has no greater socio-formative ambitions than any rule of economic law that is …” „… . commissions (Articles 6-12), as well as on the conclusion and termination of the agency contract (Articles …”

Gilles Cuniberti Article 1 Definitions S. 1367-1368

„… reservation agreement or a leasing agreement; (b) “assignment” means a contract which, whether by way of …” „… ) “conditional seller” means a seller under a title reservation agreement; (g) “contract of sale” means a …” „… contract for the sale of an object by a seller to a buyer which is not an agreement as defined in (a) above …”

Christoph Brunner, Michael Schifferli Article 39 CISG S. 205-211

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Form …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 43 Kröll (n 1) para. 53. 44 United Nations, ‘United Nations Conference on Contracts for the …” „… form or content of the notice,3 shorten or lengthen the notification period4 or agree that the duty to …”

Peter Mankowski Article 7 CISG S. 37-41

„… V. Opt-in Conversely, the contract parties might venture to opt-in into the CISG in cases where …” „… materiellrechtliche Verweisung incorporating the rules of the CISG as though they were contract clauses, submitted to …” „… e.g. opt-out of the CISG, the battle of forms, or limitation and exclusion clauses. The number of …”

Stefan Kröll Article 4 Credits v. Contracts S. 1430-1432

„… v. Contracts a. A credit by its nature is a separate transaction from the sale or other contract on …” „… which it may be based. Banks are in no way concerned with or bound by such contract, even if any …” „… integral part of the credit, copies of the underlying contract, proforma invoice and the like. 1 …”

Erik Evtimov, Tetyana Payosova Article 32 Liability in case of cancellation, late running of trains or missed connections S. 1108-1109

„… agreed upon at the moment of the conclusion of contract of carriage, the respective law applicable …” „… passengers by air). Thus, even where a single contract of carriage of passengers was concluded subject to the …” „… that the punctuality irregularities constitute the most typical example of the performance of contract …”

Erik Evtimov, Tetyana Payosova Article 18 Registration and carriage S. 1100

„… contract of carriage of passengers (similar to a special form of the carriage of express parcels). For …” „… is not perceived as a separate contract, but rather as an ancillary service, and therefore depends on …” „… the existence of the main contract of carriage confirmed by the ticket). The carriers, however, can …”

Erik Evtimov, Tetyana Payosova Article 19 Payment of charges for the carriage of registered luggage S. 1100

„… contract of carriage of passengers (similar to a special form of the carriage of express parcels). For …” „… is not perceived as a separate contract, but rather as an ancillary service, and therefore depends on …” „… the existence of the main contract of carriage confirmed by the ticket). The carriers, however, can …”

Peter Mankowski Article 21 S. 446

„… sales contract by virtue of Art. 79 CISG on the one hand and circumstances preventing the creditor form …” „… obligation in its entirety. Likewise, a payment of interest for the past where the existence of the contract …” „… was uncontroversial does not imply the debtor dropping a defence that the contract has been rescinded …”

Klaus Ramming Article 15 Conditions for the exercise of the right of disposal S. 1034

„… shipper’s right of disposal may shift to the consignee when the contract of carriage is performed. Article …” „… . This is a declaration made by the consignee to the carrier. There is no particular form in respect of …” „… scheduled place of delivery, unless the contract of carriage provides otherwise. Introduction Article 15 is …”

Raimond Emde Article 13 S. 1283

„… draft the relevant law as regards the form of the information or the extract from the books or the legal …” „… Conclusion and termination of the agency contracts Article 13 1. Each party shall be entitled to receive from …” „… the other on request a signed written document setting out the terms of the agency contract including …”

Eckart J. Brödermann Article 10.3 (Modification of limitation periods by the parties) S. 768-770

„… ) are respected. The modification agreement can be contained in the initial contract or concluded later …” „… separately provided that the limitation period has not yet expired.9 It can be combined with a contract of …” „… . 3 sentence 1 of the German Transformation Act in case of assertion of a right against the former …”

Peter Mankowski Article 85 CISG S. 392-394

„… of the goods are to be made concurrently, if he fails to pay the price. For the former, it is …” „… a fob contract –he fails to conclude a contract of carriage or does not nominate the vessel to the …” „… terminates when the contract terminates. If the seller justifiedly declares the contract avoided, his duty to …”

Eckart J. Brödermann Article 10.2 (Limitation periods) S. 765-767

„… contract (Art. 1.5), Art. 10.2 is based on the Gregorian calendar.10 Official holidays or non-business days …” „… the UNIDROIT Principles remains a choice regardless of the form of the choice.). 13 Vogenauer/Wintgen …” „… , transfer of debts or entire contracts, the winding-up of companies, or unclear third-party beneficiary …”

Eckart J. Brödermann Article 11.1.10 (Extent of contributory claim) S. 803-805

„… co-obligor is functionally only a security provider).8 If, in these examples, the contract for the loan or …” „… quasi-contractual)3 relation among the co-obligors, either (i) explicitly through a contract which regulates …” „… (describing this example convincingly as an “hybrid form between joint and several obligations”). 13 …”

Klaus Ramming Article 20 Maximum limits of liability S. 1047-1051

„… . Normal wastage may be determined by the contract of carriage, by regulations or by established practise …” „… carrier’s rights in relation to the freight. Rather, the respective provisions of the contract of carriage …” „… regulations are those of the law otherwise applicable to the contract of carriage as per Article 29.1 through …”

Eckart J. Brödermann Article 9.1.10 (Notice to the obligor) S. 729-730

„… (provided that the contract with the obligor – which governs the assigned right – is governed by the …” „… non-assignment clause, based on breach of contract (Art. 9.1.9(1) sentence 2). If the notice is a scam, the …” „… payments to the (former) assignee until receipt of such notice of revocation (Art. 1.10).25 2. 1. 2. 3. 10 …”

Gilles Cuniberti Article 6 Relationship between the Convention and the Protocol S. 1373

„… ). General substantive requirements applicable to all contracts such as consent or capacity are not governed …” „… Art 7. The first requirement is that the contract constituting the interest be in writing. Pursuant to …” „… reproduced in “tangible” form and indicates “by reasonable means” a person’s approval of the record. There is …”

Gilles Cuniberti Article 7 Formal requirements S. 1373

„… ). General substantive requirements applicable to all contracts such as consent or capacity are not governed …” „… Art 7. The first requirement is that the contract constituting the interest be in writing. Pursuant to …” „… reproduced in “tangible” form and indicates “by reasonable means” a person’s approval of the record. There is …”

Christoph Brunner, Michael Schifferli Article 43 CISG S. 226-228

„… breach of contract by the seller before being allowed to ask for substitute goods to be delivered. Where …” „… fundamental breach of contract will normally be present.49 With regard to → Art. 50, the position is clearer …” „… , failure to notify under Art. 43 cannot form a basis for a damages claim by the seller.2 II. Notice As …”

Tobias Eckardt Article 31 S. 968-971

„… which the contract of carriage was made, or (b) The place where the goods were taken over by the carrier …” „… , in dispute, whether Art. 31 CMR already applies if the contract of carriage was concluded but the …” „… the contract of carriage it would seem appropriate to apply the convention once a contract is …”

Erik Evtimov, Tetyana Payosova Article 17 Luggage registration voucher S. 1099

„… form and content of the luggage registration voucher as well as the language and characters in which it …” „… carriers with a freedom to determine the form and content of the luggage registration voucher in the GCCs …” „… assert the rights resulting from the contract of carriage. Following the logics of → Art. 7 § 2 of the …”

Erik Evtimov, Tetyana Payosova Article 8 Payment and refund of the carriage charge S. 1093

„… The ticket may be established in the form of electronic data registration, which can be transformed …” „… ticket represented by those data. Tickets can be made out in the form of an electronic data record. Given …” „… the important evidentiary function of the ticket (proof of the contract of carriage), e-tickets and …”

Erik Evtimov, Tatyana Payosova Article 11 Examination S. 1142

„… accordance with Article 17 § 3, nor modified the contract of carriage in accordance with Article 18, the …” „… case. In this context, all forms of franking used can be included, but it is also possible to include …” „… other, more far-reaching forms, according to the demands of international trade (e.g. → Incoterms®).1 …”

Raimond Emde Article 5 S. 1274

„… in the form of the substantive freedom of contract, and thus accounts for the potential impairment of …” „… principle and in construction, Article 4 forms the counterpart to Article 3. However, since the principal …” „… the warranty for accuracy of the negotiated contract. Unlike Article 19, the design of Article 5 is …”

Erik Evtimov, Tatyana Payosova Article 43 Claims S. 1171

„… contract of carriage (see also Appendix 20 (CIT20) to the GTM-CIT – a product of the CIT).1 The formal …” „… . Article 43 Claims Claims relating to the contract of carriage must be addressed in writing to the carrier …” „… claim the carrier may require the production, in the original form, of the consignment note, the …”

Peter Mankowski Article 23 S. 448

„… imposing such extensions already at the time of contracting or from instrumentalising a form contract of …” „… clause is valid pursuant to the lex causae of the sales contract (nota bene: not the lex loci arbitri …”

Peter Mankowski Article 24 S. 448

„… imposing such extensions already at the time of contracting or from instrumentalising a form contract of …” „… clause is valid pursuant to the lex causae of the sales contract (nota bene: not the lex loci arbitri …”

Eckart J. Brödermann Article 1.5 (Exclusion or modification by the parties) S. 489

„… standard terms to the international B2B contract between the German lawyer and his foreign client.19 For …” „… . A. Party Autonomy Emphasized Art. 1.5 emphasizes an important aspect of the freedom of contract …” „… adaptations, variations or deviations2 which do not require a particular form3 (Art. 1.2). They will often …”

Peter Mankowski Article 25 S. 449

„… proceedings raising the exception, not necessarily the debtor. Further requirements as to form or time of the …” „… done: a) if both claims relate to the same contract or to several contracts concluded in the course of …”

Eckart J. Brödermann Article 3.2.3 (Error in expression or transmission) S. 542

„… non nocetrule),3 there remains a discrepancy between the wording of the contract and the real …” „… intention there is an error in expression4 which may take the specific form5 of an error in transmission …” „… non-performance) A party is not entitled to avoid the contract on the ground of mistake if the circumstances on …”

Eckart J. Brödermann Article 3.2.4 (Remedies for non-performance) S. 542

„… non nocetrule),3 there remains a discrepancy between the wording of the contract and the real …” „… intention there is an error in expression4 which may take the specific form5 of an error in transmission …” „… non-performance) A party is not entitled to avoid the contract on the ground of mistake if the circumstances on …”

Erik Evtimov, Tatyana Payosova Article 34 Compensation in case of declaration of value S. 1166

„… established by agreement, other forms of compensation than those provided for in § 1 may be so agreed. If, in …” „… CIM UR is the freedom of contract, Article 34 of the CIM UR enables the consignor to agree on a …” „… ). This provision is yet another emanation of the basic principle of freedom of contract, which also …”

Eckart J. Brödermann Article 10.4 (New limitation period by acknowledgement) S. 771-772

„… contract, a readily discoverable right) after the expiration of the time frame agreed to initiate disputes …” „… International Courts and Tribunals, London 1953, p. 158-160). 26 Experience from practice for a contract …” „… acknowledgements.9 B. Form of Acknowledgement The acknowledgement is free of any form (Art. 1.2),10 subject to …”

Eckart J. Brödermann Article 9.2.5 (Discharge of original obligor) S. 745-746

„… contract with various performances due over time, the obligee can also mix the options, by retaining the …” „… or implicitly (without any specific form, Art. 1.2),10 yet clearly (as duly interpreted pursuant to …” „… UNIDROIT Chapter 9 Assignment of Rights and Contracts 746 Eckart J. Brödermann 2 3 4 5 …”

Raimond Emde Article 7 S. 1277-1278

„… agency contract: (a) where the transaction has been concluded as a result of his action; or (b) where the …” „… "), which cannot be found in this form in Article 7 para. 1. Nonetheless, Article 7 para. 1 is not intended …” „… covered by the agency contract: – either where he is entrusted with a specific geographical area or group …”

Tobias Eckardt Article 30 S. 963-967

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Form of the Reservation …” „… Form of the Reservation A reservation regarding apparent loss or damage may be made in any form …” „… (since the contract of carriage is seen as a contract for the benefit of the consignee), a reservation …”

Peter Mankowski Article 88 CISG S. 400-403

„… cy to the first party to conclude the warehousing contract in the other party’s name and on the …” „… costs of storing etc.,9 measured against the commercial value of the contract. Notice of the intention …” „… require any specific form,19 but only to be made by appropriate means of communication.20 This exclude …”

Erik Evtimov, Tetyana Payosova Article 29 Compensation for other bodily harm S. 1107

„… to a full extent on the national law. Article 30 Form and amount of damages in case of death and …” „… personal injury The damages under Article 27 § 2 and Article 28, letter b) must be awarded in the form of a …” „… form if so requested by the injured passenger or by the persons entitled referred to in Article 27 § 2 …”

Erik Evtimov, Tetyana Payosova Article 30 Form and amount of damages in case of death and personal injury S. 1107

„… to a full extent on the national law. Article 30 Form and amount of damages in case of death and …” „… personal injury The damages under Article 27 § 2 and Article 28, letter b) must be awarded in the form of a …” „… form if so requested by the injured passenger or by the persons entitled referred to in Article 27 § 2 …”

Erik Evtimov, Tetyana Payosova Article 31 Other modes of transport S. 1107

„… to a full extent on the national law. Article 30 Form and amount of damages in case of death and …” „… personal injury The damages under Article 27 § 2 and Article 28, letter b) must be awarded in the form of a …” „… form if so requested by the injured passenger or by the persons entitled referred to in Article 27 § 2 …”

Article 5 Payment schedules S. 1339

„… payments by instalments or staggered payments.2 The European legislator has decided to exclude these forms …” „… of payment from the Directive as there was no intention or reason to prohibit this common form of …” „… . According to Article 3 (5), this practice is permissible, as long as it is expressly agreed in the contract …”

Gilles Cuniberti Article 2 The international interest S. 1369

„… transfer of ownership of an object pursuant to a contract of sale; (hh) “secured obligation” means an …” „… teletransmission) which is in tangible or other form and is capable of being reproduced in tangible form on a …”

Stefan Kröll Article 38 Transferable Credits S. 1499-1503

„… of the existing general theories of contract law. If one does not want to classify the transfer of a …” „… . Unless the consequences are regulated in the transfer form the transferring bank should be treated like …” „… be able to control the fulfilment of the underlying contract which would be impossible if documents …”

Erik Evtimov, Tetyana Payosova Article 23 Conditions of carriage S. 1103

„… determine the form and content of the carriage voucher as well as the language and the characters in which …” „… from the contract of carriage. The passenger must ensure, on receipt of the carriage voucher, that it …”

Erik Evtimov, Tetyana Payosova Article 24 Carriage voucher S. 1103

„… determine the form and content of the carriage voucher as well as the language and the characters in which …” „… from the contract of carriage. The passenger must ensure, on receipt of the carriage voucher, that it …”

Eckart J. Brödermann Article 7.4.8 (Mitigation of harm) S. 688

„… ‘damages’ pursuant to Arts. 7.4.1 and 7.4.2. B. Two Forms of Application Paras. 1 and 2 stand for two …” „… forms of application of the concept of mitigation. A Partial Shield for the Obligor In line with the …” „… is no ‘liability’ towards the contract partner if the ‘duty’ is being ignored.). 4 …”

Eckart J. Brödermann Article 2.2.2 (Establishment and scope of the authority of the agent) S. 526

„… requires no acceptance4 and no form,5 subject to local mandatory law for special authority for certain …” „… )). For example, it may relate to agreements on details of the purported contract7 and may be derived from …” „… formal acts, e.g. in some jurisdictions to certain real estate or company law related matters (Art. 1.4 …”

Eckart J. Brödermann Article 7.4.11 (Manner of monetary redress) S. 694

„… paid in instalments may be indexed. A. Flexibility to the Court Art. 7.4.11 also forms part of the set …” „… contract after his or her termination),4 it may also inspire the parties or a court in settlement …”

Eckart J. Brödermann Article 7.4.12 (Currency in which to assess damages) S. 694

„… paid in instalments may be indexed. A. Flexibility to the Court Art. 7.4.11 also forms part of the set …” „… contract after his or her termination),4 it may also inspire the parties or a court in settlement …”

Martin Schauer, Magdalena Gruber Article 9 Retention of title S. 1351-1352

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 III. Forms of retention of title …” „… , however, limits the effect and scope of the provision (see below).7 III. Forms of retention of title In …” „… some Member States, retention of title can take various forms. Whereas the simple form is widespread …”

Peter Mankowski Article 13 CISG S. 54

„… ) carve-out from Art. 6 CISG. Contract parties are not at liberty to derogate from Art. 12 1st sentence CISG …” „… supplementarily applicable to issues of form.2 Either way, Art. 13 CISG is only of minor importance. Art. 13 …” „… and adding two formal modes of declarations explicitly. It is modeled on Art. 1 (3) (g) Limitation …”

Peter Mankowski Article 89 CISG S. 404

„… The notice to be given does not require a specific form.39 → Art. 27 CISG applies: Such notice does …” „… between the parties of the original sales contract. The party bound to preserve the goods may only keep …”

Peter Mankowski Article 19 S. 444

„… . Art. 18 (2) is concerned with chains of contracts, for the outset in the simple form seller …”

Stefan Kröll Article 22 Charter Party Bill of Lading S. 1477-1478

„… (short form or blank back non-negotiable sea waybill). Contents of terms and conditions of carriage will …” „… examine charter party contracts, even if they are required to be presented by the terms of the credit …”

Eckart J. Brödermann Article 7.2.4 (Judicial penalty) S. 653-654

„… . 1.11 1st hyphen) has discretion (‘may’)3 to order a judicial penalty in the form of a monetary sanction …” „… policy if a judicial penalty is paid to the other contract party12 (and not to the state).13 Pursuant to …”

Martin Schauer, Magdalena Gruber Introduction Introduction Dir. 2011/7/EU S. 1305-1306

„… legislative acts that relate to the business-to-business (B2B) sector. It forms part of a European initiative …” „… transactions and to improve payment periods for public procurement contracts.7 This recommendation prompted a …”

Peter Csoklich Article 21 S. 947-948

„… delivery” charge which should have been collected by the carrier under the terms of the contract of …” „… agreements, he is liable under the applicable national law.5 CMR does not define which form of payment the …”

Stefan Kröll Article 19 Transport Document Covering at Least Two Different Modes of Transport S. 1469-1473

„… another source containing the terms and conditions of carriage (short form or blank back 15 …” „… the credit permits alternative forms of single mode transport documents, either of them may be used as …” „… an exclusive one but not a multimodal transport document combining both forms of transport.3 By …”

Tim W. Dornis Article 73 CISG S. 332-338

„… uphold the contract.31 VI. Declaration of avoidance; damages; burden of proof The creditor can avoid the …” „… contract if the requirements of Article 72(1) are fulfilled and if the debtor has not provided adequate …” „… the contract avoided within a reasonable time frame, the right of avoidance is blocked until …”

Petra Butler Article 47 CISG S. 243-248

„… place where they are located pursuant to the contract36 or at the place of performance under Article 31 …” „… buyer may not, during that period, resort to any remedy for breach of contract. However, the buyer is …” „… para. 68. Section III Remedies for breach of contract Art. 47 CISG Petra Butler 243 15 16 17 18 19 …”

Marco Torsello Article 33 CISG S. 181-185

„… The rule under Article 32(3) applies only if, under the contract or under Article 32(2) CISG, the …” „… . Accordingly, the breach of the obligation at hand constitutes a breach of contract on the part of the seller …” „… contract based on these grounds, and cases where the insurance coverage is of particular relevance are …”

Erik Evtimov, Tatyana Payosova Article 18 Right to dispose of the goods S. 1150-1151

„… other words, the consignee becomes a party to the contract of carriage instead of the consignor by …” „… accepting the consignment note (trilateral legal relationships based on the contract of carriage). Having …” „… the goods The consignor shall be entitled to dispose of the goods and to modify the contract of …”

Petra Butler Article 52 CISG S. 274-278

„… contract.” By way of analogy, Article 33(c) bars delivery immediately after contract formation since the …” „… conform with the contract. Article 50 is not applicable in the event of the seller’s non-delivery of the …” „… application of Article 51(1).34 III. Avoidance of the entire contract in case of part-performance (Article 51 …”

Lisa Spagnolo Article 23 CISG S. 114-115

„… )), the contract is formed at the time of performance.4 In rare situations of acceptance by silence due to …” „… ; Ferrari, Art. 23 para. 6. Art. 23 CISG PART II FORMATION OF THE CONTRACT 114 Lisa Spagnolo 8 1 2 3 …” „… prevents conclusion of a contract.22 It may seem disadvantageous that an offeror can no longer revoke the …”

Eckart J. Brödermann Article 2.1.14 (Contract with terms deliberately left open) S. 512-514

„… 2.1.14 (Contract with terms deliberately left open) (1) If the parties intend to conclude a contract, the …” „… by one of the parties or by a third person does not prevent a contract from coming into existence. (2 …” „… ) The existence of the contract is not affected by the fact that subsequently (a) the parties reach no …”

Eckart J. Brödermann Article 5.2.2 (Third party identifiable) S. 587

„… with adequate certainty by the contract but need not be in existence at the time the contract is made …” „… identifiability of the beneficiary (even after contract conclusion)4 with ‘adequate certainty’, e.g. by a proper …” „… description in the contract (such as a relation to a contract party) and/or by the determination of one party …”

Petra Butler Article 55 CISG S. 280-282

„… make such arrangements and fulfil all formal requirements necessary as demanded by the contract …” „… Article 55 CISG Where a contract has been validly concluded but does not expressly or implicitly …” „… the conclusion of the contract for such goods sold under comparable circumstances in the trade …”

Eckart J. Brödermann Article 1.4 (Mandatory rules) S. 486-488

„… Article 1.3 (Binding character of contract) A contract validly entered into is binding upon the …” „… contractual principles – “bindingness of contract”1 (pacta sunt servanda) – which is common or inherent to …” „… most contract laws around the globe,2 although the cultural understanding of bindingness may vary.3 …”

Peter Mankowski Article 6 S. 433

„… Article 6 (1) This Convention shall not apply to contracts in which the preponderant part of the …” „… obligations of the seller consists in the supply of labour or other services. (2) Contracts for the supply of …” „… degree, relying heavily on the terms and the circumstances of the single contract. Art. 6 does not …”

Peter Mankowski Article 7 S. 433

„… Article 6 (1) This Convention shall not apply to contracts in which the preponderant part of the …” „… obligations of the seller consists in the supply of labour or other services. (2) Contracts for the supply of …” „… degree, relying heavily on the terms and the circumstances of the single contract. Art. 6 does not …”

Erik Evtimov, Tetyana Payosova Introduction S. 1076-1083

„… freight. The contract of carriage by rail since COTIF 1999 is not any more formal or real contract but 2 …” „… carriage. In case of formal contract the goods should be delivered to the railway station and give to the …” „… VII. COTIF UNIFORM RULES CONCERNING THE CONTRACT OF INTERNATIONAL CARRIAGE OF PASSENGERS (CIV UR …”

Peter Mankowski Article 10 CISG S. 51

„… performed through another place of business, the latter should carry more weight.2 Formation of the contract …” „… concrete contract should be attributed to each other. Article 10 CISG For the purposes of this Convention …” „… closest relationship to the contract and its performance, having regard to the circumstances known to or …”

Eckart J. Brödermann Article 2.1.1 (Manner of formation) S. 499-500

„… Formation and Authority of Agents Section 1 Formation Article 2.1.1 (Manner of formation) A contract may be …” „… UNIDROIT Eckart J. Brödermann 499 1 2 3 A. Beyond the Traditional Approach to Contract Formation The …” „… specify the time zone in the contract for the sake of clarity. Often, contracts do not reach that level of …”

Petra Butler Article 62 CISG S. 293-294

„… still claim damages for delay in performance or to avoid the contract and claim damages if for example a …” „… tribunal is not giving a grace period but rather strengthening the seller’s right to avoid the contract.8 …” „… Whether the UNIDROIT Principles of International Commercial Contracts May Be Used to Interpret or …”

Erik Evtimov, Tatyana Payosova Article 12 Evidential value of the consignment note S. 1143-1144

„… with COTIF 1980 (formal contract). The absence, irregularity or loss of the consignment note shall not …” „… facie evidence of the conclusion and the conditions of the contract of carriage and the taking over of …” „… of the contract of carriage, b) the taking over of the goods by the carrier, and c) the apparent good …”

Eckart J. Brödermann Article 1.3 (Binding character of contract) S. 486

„… Article 1.3 (Binding character of contract) A contract validly entered into is binding upon the …” „… contractual principles – “bindingness of contract”1 (pacta sunt servanda) – which is common or inherent to …” „… most contract laws around the globe,2 although the cultural understanding of bindingness may vary.3 …”

Eckart J. Brödermann Article 7.4.13 (Agreed payment for non-performance) S. 695-697

„… non-performance) (1) Where the contract provides that a party who does not perform is to pay a specified sum to …” „… contract (Art. 1.1) para. 1 provides as a starting point the freedom to negotiate an “[a]greed payment for …” „… clauses proper)’”,8 – as long as they relate to (‘such’) non-performance described in the contract …”

Tim W. Dornis Article 67 CISG S. 303-308

„… transportation contract in its own right.10 Such an overly formal perspective invites circumvention by the seller …” „… Article 67 CISG (1) If the contract of sale involves carriage of the goods and the seller is not bound to …” „… the first carrier for transmission to the buyer in accordance with the contract of sale. If the seller …”

Peter Csoklich Article 4 S. 911

„… carriage: all legal issues involved with the formation of a contract have to be assessed according to the …” „… goods transported by his vehicle,11 even if the subcarrier concluded the freight contract already with …” „… to a warning strike.16 Chapter III Conclusion and performance of the contract of carriage Article 4 …”

Eckart J. Brödermann Article 8.3 (Set-off by notice) S. 709

„… other party) to declare a set-off against its obligation under the second contract will depend upon …” „… the wording and interpretation of the (second) contract (Arts. 4.1, 4.3 et seq.). Unless the …” „… (c) meant to keep this contract separate from the first contract), it may be considered with regard …”

Peter Mankowski Article 101 CISG S. 416-417

„… to the formation of a contract only when the proposal for concluding the contract is made on or after …” „… Convention applies only to contracts concluded on or after the date when the Convention enters into force in …” „… the acceptance was declared or that the contract was concluded after the CISG entering into force.2 …”

Eckart J. Brödermann Article 10.1 (Scope of the Chapter) S. 761-764

„… institute legal proceedings), e.g. notices30 in the context of (a) contract formation (Arts. 2.1.7, 2.1.11 …” „… other party (as obligee of the obligation involved in the assignment of a contract) to (wholly or …” „… contract, Art. 9.3.1), Art. 9.2.8(2) (1st limb) contains an exception for the rare case in which the person …”

Eckart J. Brödermann Article 5.1.3 (Co-operation between the parties) S. 573-574

„… the course of contact formation and contract performance.”4 It can require a duty (i) either to engage …” „… Art. 5.1.1 by providing a list of criteria to determine if the contract contains an implied term. In …” „… UNIDROIT Principles perceive international contracts as ‘common projects’1 which entail the duty to …”

Peter Mankowski Article 3 S. 427-428

„… only a) if, at the time of the conclusion of the contract, the places of business of the parties to a …” „… contract of international sale of goods are in Contracting States; or b) if the rules of private …” „… international law make the law of a Contracting State applicable to the contract of sale. (2) This Convention …”

Eckart J. Brödermann Article 7.4.4 (Foreseeability of harm) S. 681-682

„… foresaw or could reasonably have foreseen at the time of the conclusion of the contract as being likely to …” „… the conclusion of the contract and against the risk of which it could not have taken out insurance.”5 …” „… obligee (foreseeability). It exists if (a) at the moment of (risk allocation at)9 contract conclusion …”

Eckart J. Brödermann Article 11.2.3 (Availability of defences against joint and several obligees) S. 820-824

„… the defences available in case of plurality of obligors: (i) objections as to the contract formation …” „… could include clarifying language in their contract that Art. 11.2.2 shall also apply in such …” „… circumstances (in practice, this level of detail is realistic only in very large (construction) contracts …”

Eckart J. Brödermann Article 2.2.1 (Scope of the Section) S. 525

„… . Only Agency in the Contract Formation Process Based to a large extent on the 1983 (Geneva) UNIDROIT …” „… frequent cases in which cross-border contract formation includes activities of ‘agents’,2 acting with …” „… another person (“the principal”) by or with respect to a contract with a third party, whether the agent …”

Gilles Cuniberti Article 37 Effects of assignor’s insolvency S. 1397-1399

„… under Article 35(1) over another assignee of the associated rights: (a) if the contract under which the …” „… international interest.4 Assignment is defined by Art 1(b) as a contract. Rules on assignments do not apply …” „… .6 It does not include a contract resulting in a new agreement between the debtor and the new …”

Peter Mankowski Article 100 CISG S. 416

„… to the formation of a contract only when the proposal for concluding the contract is made on or after …” „… Convention applies only to contracts concluded on or after the date when the Convention enters into force in …” „… the acceptance was declared or that the contract was concluded after the CISG entering into force.2 …”

Article 32 Regional provisions concerning liability S. 1070

„… the CCNR homepage. CMNI, according to as Article 2.1 sentence 1, applies to contracts of carriage …” „… . These in turn are defined in Article 1 No. 1 as contracts, where the carrier undertakes to carry goods …” „… shall be applicable only to contracts of carriage signed after its entry into force. 3. A declaration …”

Peter Csoklich Introduction S. 898-900

„… covered by CMR-provisions, such as the formation of a contract and its validity, pre-contractual duties …” „… V. CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD (CMR) Bibliography …” „… , C.H.Beck, Munich 2015) (cited as “author in EBJS”); D. J. Hill, A. Messent, D. A. Glass, Contracts for the …”

Eckart J. Brödermann Article 2.1.15 (Negotiations in bad faith) S. 515-516

„… out of the contract acts in bad faith (cf. Art. 1.7) and/or inconsistently (Art. 1.8). On the other …” „… extreme, the contract interpretation might reveal a resolutive condition, Art. 5.3.1;32 yet, absent clear …” „… burden of proof is on the party “seeking to assert that … there is no contract”.33 Article 2.1.15 …”

Tim W. Dornis Article 66 CISG S. 298-302

„… dispute whenever there was a time gap between contract formation and contract performance. Historical …” „… , however, the contract does not provide for a specific date on which the buyer must make a specification …” „… of contract. Economic foundations The sale of goods – particularly in an international setting – is …”

Eckart J. Brödermann Article 11.1.2 (Presumption of joint and several obligations) S. 789

„… . 11.1.1 lit. b) in the contract, duly interpreted3 (Arts. 4.1, 4.3 et seq.), the UNIDROIT Principles …” „… certain performance to the obligee”9 (in one or several contracts as discussed above at Art. 11.1.1 no. 1 …” „… ). B. Contractual Interpretation When interpreting a contract with the goal to classify an obligation …”

Petra Butler Article 59 CISG S. 288

„… ” depends on the particular type of contract involved and, therefore, the time payment is due might differ …” „… depending on the type of contract. Article 59 CISG The buyer must pay the price on the date fixed by or …” „… determinable from the contract and this Convention without the need for any request or compliance with any …”

Peter Csoklich Article 6 S. 914-915

„… ties to the contract of carriage (sender, carrier) by means of a reliable electronic signature that …” „… ), whereby the parties interested in the performance of the contract of carriage shall agree on the …” „… charges incurred from the making of the contract to the time of delivery); j) The requisite instructions …”

Christoph Brunner, Michael Schifferli Article 41 CISG S. 214-219

„… Contracts for the International Sale of Goods (CISG) (2nd ed, Beck/ Hart/Nomos 2018) para. 2. 2 Kröll (n 1 …” „… Nations Conference on Contracts for the International Sale of Goods: Official Records’ (Secretariat …” „… retention of security interests does usually not constitute a fundamental breach of contract because the …”

Eckart J. Brödermann Article 2.1.3 (Withdrawal of offer) S. 502

„… to contract formation under the circumstances of Art. 2.14(2).14 Article 2.1.3 (Withdrawal of offer …” „… ” see Art. 1.10(3). B. Any Withdrawal Must be Clear2 The frustration of contract conclusion by …” „… . Article 2.1.4 (Revocation of offer) (1) Until a contract is concluded an offer may be revoked if the …”

Eckart J. Brödermann Article 2.1.4 (Revocation of offer) S. 502

„… to contract formation under the circumstances of Art. 2.14(2).14 Article 2.1.3 (Withdrawal of offer …” „… ” see Art. 1.10(3). B. Any Withdrawal Must be Clear2 The frustration of contract conclusion by …” „… . Article 2.1.4 (Revocation of offer) (1) Until a contract is concluded an offer may be revoked if the …”

Peter Mankowski Article 35 S. 456

„… the contract. Some legal systems required invalidity of the contract to be invoked by a formal action …” „… declare that the Convention shall not apply to contracts of international sale of goods where the …” „… declared that the Limitation Convention should not be applicable to contracts of sale between parties with …”

Peter Mankowski Article 36 S. 456

„… the contract. Some legal systems required invalidity of the contract to be invoked by a formal action …” „… declare that the Convention shall not apply to contracts of international sale of goods where the …” „… declared that the Limitation Convention should not be applicable to contracts of sale between parties with …”

Peter Mankowski Article 36bis (Article XII of the Protocol) S. 456

„… the contract. Some legal systems required invalidity of the contract to be invoked by a formal action …” „… declare that the Convention shall not apply to contracts of international sale of goods where the …” „… declared that the Limitation Convention should not be applicable to contracts of sale between parties with …”

Eckart J. Brödermann Article 3.1.1 (Matters not covered) S. 535

„… ), plus (ii) a few related issues such as the effects of agency on contract formation (Arts. 2.2.1-10) or …” „… Self-Explanatory Distinction International contract negotiation involves a variety of legal issues beyond the …” „… the contract itself, subject to additionally or alternatively applicable mandatory law (Art. 1.4 …”

Erik Evtimov, Tatyana Payosova Article 41 Other actions S. 1170

„… dealt with under the CIM UR and is subject to the respective contracts as well as national law. Article …” „… proceedings could be instituted against a party to the contract of carriage on an extra-contractual basis. A …” „… party in respect of the contract of carriage. In this case, Article 41 of the CIM UR can be invoked …”

Erik Evtimov, Tatyana Payosova Article 42 Ascertainment of partial loss or damage S. 1170

„… dealt with under the CIM UR and is subject to the respective contracts as well as national law. Article …” „… proceedings could be instituted against a party to the contract of carriage on an extra-contractual basis. A …” „… party in respect of the contract of carriage. In this case, Article 41 of the CIM UR can be invoked …”

Erik Evtimov, Tetyana Payosova Article 54 Ascertainment of partial loss or damage S. 1120

„… appointed either by the parties to the contract of carriage or by a court or tribunal. The procedure to be …” „… action may be brought. In the case of a carriage governed by a single contract and performed by …” „… carrier having his principal place of business or the branch or agency which concluded the contract of …”

Erik Evtimov, Tetyana Payosova Article 55 Claims S. 1120

„… appointed either by the parties to the contract of carriage or by a court or tribunal. The procedure to be …” „… action may be brought. In the case of a carriage governed by a single contract and performed by …” „… carrier having his principal place of business or the branch or agency which concluded the contract of …”

Eckart J. Brödermann Article 11.2.2 (Effects of joint and several claims) S. 818-819

„… e.g. in combination with a contract termination, Art. 7.3.5(1)). (iii) From a practical perspective …” „… the applicable rules of law to the contract as such. Aternatively it is wise to simply use one of the …” „… contract (Art. 1.5), the obligor’s right to choose3 the obligee to whom it wishes to perform (who is able …”

Eckart J. Brödermann Article 2.1.7 (Time of acceptance) S. 505

„… to contract’)16 or of the offeree (e.g. solicitation of the offer)17 leads to a ‘duty to speak’, (iv …” „… ) if, in cases of contracts for the sole benefit of the offeree, the circumstances (e.g. an offer to …” „… act as a suretyship or to change a contract to the benefit of the offeree, an Art. 9.2.1(b) transfer …”

Eckart J. Brödermann Article 2.1.9 (Late acceptance. Delay in transmission) S. 507

„… (initial) offeror who remains the master of the contract formation.3 The extent of the acceptable time to …” „… the contract formation.6 B. Exception (Para. 2) In cases of (recognizable,7 irregular8) delay in …” „… the offeror if it wants to avoid contract formation. If it does not do so, the acceptance creates the …”

Peter Mankowski Article 94 CISG S. 410

„… to contracts of sale or to their formation where the parties have their places of business in those …” „… to the formation of contracts of sale where the parties have their places of business im Sweden …” „… more non-Contracting States may at any time declare that the Convention is not to apply to contracts of …”

Eckart J. Brödermann Article 2.1.2 (Definition of offer) S. 501

„… contract formation). 11 Under such circumstances, the intent to be bound is strong (by an offer acceptable …” „… Article 2.1.2 (Definition of offer) A proposal for concluding a contract constitutes an offer if it …” „… by a straightforward ‘yes’); the details can be taken from the previous contract. Arts. 4.8, 5.1.2 …”

Klaus Ramming Article 25 Nullity of contractual stipulations S. 1061-1063

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Article 25 is concerned with the parties’ right to make agreements in the contract of carriage …” „… party’s general terms validly incorporated into the contract of carriage. 1 Rechtbank Rotterdam, 20 August …” „… entitled to refer to corresponding provisions in sub-contracts of carriage.2 Also, the exceptions, if …”

Eckart J. Brödermann Article 9.2.7 (Defences and rights of set-off) S. 748-749

„… 4.8(2)), in particular the nature and the purpose of the contract, and with regard to the principle …” „… occurs (quasi indirectly) as part of an ‘assignment of a contract’ pursuant to Art. 9.3.1 (→ Art. 9.3.6(2 …” „… UNIDROIT Chapter 9 Assignment of Rights and Contracts 748 Eckart J. Brödermann 4 1 2 quests performance …”

Eckart J. Brödermann Article 10.7 (Alternative dispute resolution) S. 777-778

„… . 10.7 no. 3. Art. 10.7 UNIDROIT Eckart J. Brödermann 777 5 1 request (in the initial contract, e.g. in …” „… ) In case of an ADR agreement in the contract, (a) this may regulate the commencement of the ADR …” „… agreement in the initial contract, the limitation period starts to be suspended upon agreement on ADR (Art …”

Section 2 Registered luggage S. 1111-1115

„… by a single contract is performed by several successive carriers, each carrier, by the very act of …” „… , shall become a party to the contract of carriage in respect of the forwarding of luggage or the carriage …” „… contract of carriage to do so, the carrier shall nevertheless remain liable in respect of the entire …”

Christoph Brunner, Michael Schifferli Article 40 CISG S. 212-213

„… examination and notification duties in their contract, Art. 40 applies to these as well.1 As regards a …” „… Arts 38, 39.13 Whether the seller knew or ought to have known about the breach of contract must be …” „… defect to the buyer before the contract was signed, liability is excluded under Art. 35(1) (implied …”

Erik Evtimov, Tetyana Payosova Article 10 Completion of administrative formalities S. 1095

„… from a general principle of contract law as obligation to execute the contract of carriage. None less …” „… the contract of carriage has been not executed properly, the CIV UR clarifies that the carrier is …” „… , and are subject to the national law. Article 10 Completion of administrative formalities The passenger …”

Erik Evtimov, Tetyana Payosova Article 11 Cancellation and late running of trains. Missed connections S. 1095

„… from a general principle of contract law as obligation to execute the contract of carriage. None less …” „… the contract of carriage has been not executed properly, the CIV UR clarifies that the carrier is …” „… , and are subject to the national law. Article 10 Completion of administrative formalities The passenger …”

Martin Schauer, Magdalena Gruber Article 13 Repeal S. 1361

„… into national law and its application. However, it shall remain applicable to contracts concluded …” „… 2000/35/EC was repealed. However, it remains applicable to contracts concluded before 16 March 2013, as …” „… the Recast Directive does not apply to those earlier contracts (pursuant to Article 12 (4)). The …”

Martin Schauer, Magdalena Gruber Article 14 Entry into force S. 1361

„… into national law and its application. However, it shall remain applicable to contracts concluded …” „… 2000/35/EC was repealed. However, it remains applicable to contracts concluded before 16 March 2013, as …” „… the Recast Directive does not apply to those earlier contracts (pursuant to Article 12 (4)). The …”

Petra Butler Foreword: the buyer’ duties S. 279

„… must pay the price for the goods and take delivery of them as required by the contract and this …” „… avoid the contract.2 Alternatively, it may only be a fundamental breach if the parties are agreed with …” „… under the contract or any laws and regulations to enable payment to be made. 31 Markus Müller-Chen, ‘Art …”

Petra Butler Article 53 CISG S. 279

„… must pay the price for the goods and take delivery of them as required by the contract and this …” „… avoid the contract.2 Alternatively, it may only be a fundamental breach if the parties are agreed with …” „… under the contract or any laws and regulations to enable payment to be made. 31 Markus Müller-Chen, ‘Art …”

Petra Butler Article 54 CISG S. 279

„… must pay the price for the goods and take delivery of them as required by the contract and this …” „… avoid the contract.2 Alternatively, it may only be a fundamental breach if the parties are agreed with …” „… under the contract or any laws and regulations to enable payment to be made. 31 Markus Müller-Chen, ‘Art …”

Erik Evtimov, Tatyana Payosova Article 47 Extinction of right of action S. 1174

„… branch or agency which concluded the contract of carriage, or b) the place where the goods were taken …” „… according to Article 46. Article 28 § 1 of COTIF main convention also provides parties to a contract of …” „… from the contract of carriage in case of partial loss, damage or exceeding of the transit period. 1 …”

Eckart J. Brödermann Article 2.2.8 (Sub-agency) S. 532

„… extreme the agent’s misconduct, the more likely it is that the contract is void for lack of authority …”8 …” „… in that business),9 if the principal needs to act to avoid the contract (as a matter of precaution …” „… . Avoidance Excluded The principal loses its right to avoid the contract if it gives prior consent and/or has …”

Eckart J. Brödermann Article 2.2.6 (Liability of agent acting without or exceeding its authority) S. 530

„… authority to conclude a contract but authority to communicate the approval of the Principle). 16 …” „… up once in a while in English disputes over a contract under English contract law with German parties …” „… Vogenauer/Krebs Art. 2.2.5 no. 11-14. Art. 2.2.6 UNIDROIT Chapter 2 Formation and Authority of Agents 530 …”

Eckart J. Brödermann Article 2.2.10 (Termination of authority) S. 534

„… otherwise agreed in the contract, ratification can be express or implied4 (Arts. 4.2-4.3), e.g. by …” „… in the contract (Art. 1.5), the other party can take control of the timing by setting “a reasonable …” „… where they cannot reach a client. Usually the client is aware of the contract conclusion as such, but …”

Eckart J. Brödermann Article 6.1.10 (Currency not expressed) S. 611

„… the time of the agreed or the actual payment);17 in the contract, it may be helpful to provide for a …” „… designation of the EUR-currency illegible. Through contract interpretation (Arts. 4.1, 4.3-4.8; 5.1.1-5.1.2 …” „… contract negotiations (Art. 4.3(a)). Otherweise, Art. 6.1.10 provides a clarifying default rule in favour …”

Eckart J. Brödermann Article 10.6 (Suspension by arbitral proceedings) S. 775-776

„… international contracts which are submitted to the UNIDROIT Principles23 a clause which calls in the ‘choice of …” „… contract.24 (“In addition, in case of negotiations over a dispute, section § 203 BGB (German Civil Code …” „… regular experience with the choice of UNIDROIT Principles in international contracts e.g. Brödermann Unif …”

Eckart J. Brödermann Article 11.1.8 (Effect of judgment) S. 800-801

„… C. Contractual Options Regarding the Contract between Obligee and Obligors The parties are free to …” „… on an invalid contract due to a common defence),13 unless (ii) it is ‘based on grounds personal to …” „… common law in notes 96 and 97 (e.g. § 292(2) Restatement 2 d Contracts and § 51 Restatement 2nd …”

Peter Csoklich Article 7 S. 916-917

„… , does not oblige the parties to enter all relevant facts and/or all conditions of the contract in the …” „… Conclusion and performance of the contract of carriage 916 Peter Csoklich 8 9 10 11 12 I. Background Whereas …” „… validity or existence of the contract of carriage (see → Art. 4 CMR). II. Liability of the sender With the …”

Erik Evtimov, Tetyana Payosova Article 15 Supervision S. 1098

„… contract. This additional contractual obligation is confirmed by a luggage registration voucher. This …” „… passenger, i.e. not a party to the contract of carriage, or when this voucher is not rendered. 1 Convention …” „… these administrative formalities. In case, the luggage, animals or vehicles of the passenger are …”

Erik Evtimov, Tetyana Payosova Article 16 Consignment of registered luggage S. 1098

„… contract. This additional contractual obligation is confirmed by a luggage registration voucher. This …” „… passenger, i.e. not a party to the contract of carriage, or when this voucher is not rendered. 1 Convention …” „… these administrative formalities. In case, the luggage, animals or vehicles of the passenger are …”

Gilles Cuniberti Article 41 Sale and prospective sale S. 1403

„… contract of sale for its purpose, and provides that a contract of sale of an object transfers the interest …” „… their registration.1 Each of the protocols establishes the formalities required for entering into a …” „… writing or otherwise concluded in accordance with the formal requirements of the law of the chosen forum …”

Gilles Cuniberti Article 42 Choice of forum S. 1403

„… contract of sale for its purpose, and provides that a contract of sale of an object transfers the interest …” „… their registration.1 Each of the protocols establishes the formalities required for entering into a …” „… writing or otherwise concluded in accordance with the formal requirements of the law of the chosen forum …”

Klaus Ramming Article 14 Holder of the right of disposal S. 1033

„… terms in the contract of carriage. I. The right of disposal The shipper (and the consignee) is entitled …” „… to disposal In principle, it is the shipper (who concluded the contract of carriage with the carrier …” „… instructions, Article 15 is concerned with some further formalities. None of the provisions of Articles 14 and …”

Eckart J. Brödermann Article 2.1.16 (Duty of confidentiality) S. 517

„… of Understanding’ (dependant on the wording), or (ii) long-term contracts23 (Art. 1.11 3d hyphen …” „… improperly for its own purposes, whether or not a contract is subsequently concluded. Where appropriate, the …” „… 1 Formation Art. 2.1.16 UNIDROIT Eckart J. Brödermann 517 1 2 …”

Eckart J. Brödermann Article 2.1.21 (Conflict between standard terms and non-standard terms) S. 523

„… heavy deviation from the ‘visible’ terms)6 or the purpose of the contract.7 Particularly burdensome8 or …” „… ), Art. 1342 Italian Cciv, § 305 b German Civil Code ‘BGB’; § 203(d) Restatement (Second) of Contracts …” „… ). Section 1 Formation Art. 2.1.21 UNIDROIT Eckart J. Brödermann 523 2 1 …”

Eckart J. Brödermann Article 2.1.20 (Surprising terms) S. 522

„… ) clear and timely communication about the terms,27 (ii) specific and clear language (of the contract or …” „… Thereby, the standard for incorporation of standard terms into an international contract governed by the …” „… Chapter 2 Formation and Authority of Agents 522 Eckart J. Brödermann 4 1 …”

Peter Csoklich Article 11 S. 924-925

„… if it was agreed in the freight contract that the carrier shall be responsible for the proper packing …” „… . Art. 11 CMR Chapter III Conclusion and performance of the contract of carriage 924 Peter Csoklich 7 …” „… ) lit. b) CMR.13 Article 11 (1) For the purposes of the Customs or other formalities which have to be …”

Eckart J. Brödermann Article 11.1.11 (Rights of the obligee) S. 806-807

„… obligation;4 whereby ‘its share’ is the share of the co-obligor as determined under the contract or the …” „… of the contract or of a unilateral declaration establishing the security leads to its security right …” „… obligor who wishes to rely on subrogated rights, in particular in a formal proceeding with a third party …”

Eckart J. Brödermann Article 2.1.5 (Rejection of offer) S. 503

„… , favour contractus based approach towards contract formation (→ Art. 2.1.1 no. 3). 3 Official Comments …” „… . 1, p. 125; Vogenauer/Nottage Art. 2.1.4 no. 6. Section 1 Formation Art. 2.1.6 UNIDROIT Eckart J …”

Eckart J. Brödermann Article 2.1.10 (Withdrawal of acceptance) S. 508

„… to the discrepancy. If the offeror does not object, the terms of the contract are the terms of the …” „… UNIDROIT Chapter 2 Formation and Authority of Agents 508 Eckart J. Brödermann 1 1 …”

Eckart J. Brödermann Article 2.1.11 (Modified acceptance) S. 508

„… to the discrepancy. If the offeror does not object, the terms of the contract are the terms of the …” „… UNIDROIT Chapter 2 Formation and Authority of Agents 508 Eckart J. Brödermann 1 1 …”

Gilles Cuniberti Article 31 Effects of assignment S. 1395

„… identified under the contract from which they arise; and (c) in the case of an assignment by way of security …” „… discharged. Article 32 Formal requirements of assignment 1. An assignment of associated rights transfers the …”

Gilles Cuniberti Article 32 Formal requirements of assignment S. 1395

„… identified under the contract from which they arise; and (c) in the case of an assignment by way of security …” „… discharged. Article 32 Formal requirements of assignment 1. An assignment of associated rights transfers the …”

Eckart J. Brödermann Article 10.11 (Restitution) S. 783

„… time-barred claim. It has been recommended “to contract out of Art. 10.10 or to amend it along the lines of …” „… set-off regardless of the expiration of the formal limitation period (e.g. to becalm a long-term …” „… See alsoVogenauer/Wintgen Art. 10.10 no. 3. 7 Vogenauer/Wintgen Art. 10.10 no. 1. 1 Formulation of …”

Erik Evtimov, Tatyana Payosova Article 16 Transit periods S. 1147

„… difference in terms of the object of the contract of carriage, however, is the same with regard to the way …” „… If, for the completion of the customs or other administrative formalities, the consignor has …” „… carrier shall have the choice of completing customs formalities either in transit or at the destination …”

Erik Evtimov, Tatyana Payosova Article 15 Completion of administrative formalities S. 1146

„… COTIF/CIM Title II Conclusion and Performance of the Contract of Carriage 1146 Erik Evtimov and Tatyana …” „… Article 15 Completion of administrative formalities With a view to the completion of the …” „… formalities required by customs and other administrative authorities, to be completed before delivery of the …”

Peter Mankowski Article 37 S. 457

„… this Convention exclusively to contracts of international sale of goods as defined in such existing …” „… writing and be formally notified to the depositary. Art. 36bis was added by Art. XII 1980 Protocol and …”

Peter Mankowski Article 38 S. 457

„… this Convention exclusively to contracts of international sale of goods as defined in such existing …” „… writing and be formally notified to the depositary. Art. 36bis was added by Art. XII 1980 Protocol and …”

Eckart J. Brödermann Article 2.2.4 (Agency undisclosed) S. 528

„… company7 (fourth condition), the third party will want to contract with the business owner, regardless of …” „… , p. 83. 10 Vogenauer/Krebs Art. 2.2.4 no. 14. Art. 2.2.4 UNIDROIT Chapter 2 Formation and …”

Wolf Müller-Rostin Article 4 Cargo S. 1190

„… existence of the contract of carriage or the application of the Montreal Convention to limit the liability …” „… , non-fulfilment of these formalities is no longer linked to liability. As a result, any breach of the requirements …”

Peter Mankowski Article 99 CISG S. 415

„… Law on the Formation of Contracts for the International Sale of Goods done at The Hague on 1 July 1964 …” „… (1964 Hague Formation Convention) and the Convention relating to a Uniform Law on the International Sale …” „… denounce, as the case may be, either or both the 1964 Hague Sales Convention and the 1964 Hague Formation …”

Tobias Eckardt Article 35 S. 978

„… contract of carriage concluded between the sender and the first carrier if such conditions are not (validly …” „… prerequisites for successive carriage; rather, it stipulates non-mandatory1 formalities for the passing of the …”

Klaus Ramming Article 23 Notice of damage S. 1054-1055

„… sentence 1), but are free to provide for extensions in the contract of carriage. I. The reservation in …” „… the consignee must be formulated in writing specifying the general nature of the damage, no later than …” „… reservations’ formalities. A reservation for the purpose of Article 23 is a declaration made to the carrier …”

Gilles Cuniberti Article 43 Jurisdiction under Article 13 S. 1404-1405

„… , but also other contracts falling within the scope of the Convention, such as subordination or …” „… chosen or not).4 Art 42 only provides one minimum formal requirement, namely that the agreement be in …” „… of Court Agreements. With respect to formal requirements, Art 42(2) provides a useful disconnection …”

Tobias Eckardt Article 22 S. 949-950

„… edn, C.H.Beck, Munich 2016); Andrew Messent and David Glass, CMR: Contracts for the International …” „… could not be expected to take notice of the accident procedures, which allegedly formed part of the …”

Tobias Eckardt Article 39 S. 981-983

„… has his principal place of business or the branch or agency through which the contract of carriage was …” „… carriage. It is unnecessary that formal insolvency proceedings were instituted;2 it suffices that …”

Wolf Müller-Rostin Article 17 Death and Injury of Passengers – Damage to Baggage S. 1198-1205

„… contract of carriage. 4. Unless otherwise specified, in this Convention the term "baggage" means both …” „… are usually not in transit for any length of time.1 Article 16 Formalities of Customs, Police or Other …” „… meet the formalities of customs, police and any other public authorities before the cargo can be …”

doi.org/10.5771/9783845276564

Chantal Bomprezzi - Implications of Blockchain-Based Smart Contracts on Contract Law

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Chantal Bomprezzi

Implications of Blockchain-Based Smart Contracts on Contract Law

Series: Luxemburger Juristische Studien - Luxembourg Legal Studies

Volume 23 2021

Results in this title

CHAPTER 4: CONTRACT FORMATION S. 125-166

„… to be legally bound, and the form (when the law requires some formalities), contract formation …” „… to choose any form to conclude contracts. As seen in the previous chapter,548 this principle and the …” „… allow the conclusion of contracts in an electronic form.549 Consequently, contracts can also be …”

CHAPTER 2: BLOCKCHAIN-BASED SMART CONTRACTS IN THE CONTRACTUAL DOMAIN S. 47-74

„… .157 In all these hypotheses, smart contracts can be the manifestation of the act in a digital form, or …” „… formationInSpeech/CDROM/Literature/LOTwinterschool2006/szabo.best.vwh. net/smart.contracts.html> accessed 1 October 2021. 187 De Filippi, Wright (n …” „… important requirement is the contract form when the law requires a specific one.239 Consequently, smart …”

CHAPTER 3: FROM VENDING MACHINES TO SMART CONTRACTS S. 75-124

„… VENDING MACHINES TO SMART CONTRACTS 76 into binding agreements.302 Concerning the former, another example …” „… the parties in the computer program, and the validity of the electronic form in contracts. Moving to …” „… on European contract laws (Oxford 2018) 2. 316 Soft law can take various forms. For example …”

CHAPTER 7: CONCLUSIONS S. 231-240

„… , contract performance, jurisdiction, and applicable law in crossborder contracts. As concerns the former …” „… to the possibility to conclude a contract in the form of lines of code. On this point, it was …” „… systems usually prescribe the written form in particularly relevant contracts, which require the …”

INTRODUCTION S. 11-20

„… requirements on the need for a written form of the contract; consumer’s protection; the problem of pseudonymous …” „… concluded under a mistake. As regards the form, it is dwelled on the possibility for on-chain contracts to …” „… satisfy the requirement of the written form. A section explores the conclusion of smart contracts by …”

CHAPTER 6: JURISDICTION AND APPLICABLE LAW S. 217-230

„… , contracts conclusion can be online or offline. In the former case, the issue has regard to electronic …” „… . Location of contract formation. Current criteria of determination of jurisdiction and applicable law are …” „… based on territoriality. In Chapter 3, they were subdivided into contract formation location, contract …”

Titelei/Inhaltsverzeichnis S. 1-10

„… legal contracts.4. 56 Summary of existing legal literature.5. 58 7 Applicable form of regulation.6. 60 …” „… electronic commerce.2.1.2. 93 Defects of consent: the mistake.2.1.3. 96 Form requirements.2.1.4. 99 Contract …” „… receipt.4.1. 148 Form.5. 149 Smart contracts concluded ‘smart’.6. 158 Smart contract code as a mean to …”

CHAPTER 1: INTRODUCTION TO BLOCKCHAIN AND SMART CONTRACTS S. 21-46

„… organisations (DAOs) are forms of organisations that rely on blockchain technology and smart contracts as their …” „… INTRODUCTION TO BLOCKCHAIN AND SMART CONTRACTS Definition and functioning of blockchain. Blockchain …” „… of information that can be shared among a blockchain network – are grouped to form a block. The …”

CHAPTER 5: CONTRACT PERFORMANCE S. 167-192

„… agreements and software development agreements. The former is a standardised contract, which allows the use …” „… CONTRACT PERFORMANCE PART 1: BREACH OF CONTRACT Introduction. The contracting party must trust that …” „… the other party performs the obligations that she has undertaken in the contract. Contracting parties …”

PART 2: EX-POST INTERVENTIONS ON THE CONTRACT S. 193-216

„… into consideration some forms of legal intervention on the contract. To this end, it starts from …” „… PART 2: EX-POST INTERVENTIONS ON THE CONTRACT Introduction. One of the most discussed …” „… of ex-post intervention on registered data. In contract law, several legal protection mechanisms …”

BIBLIOGRAPHY S. 241-266

„… .medialaws.eu/rivista/a-legal-analysis-of-the-use-of-blockchain-technology-for-the -formation-of-smart-legal-contracts/> accessed 1 October 2021 Finocchiaro G., ‘Riflessioni sugli …” „… October 2021 Szczerbowski J. J., ‘Place of smart contracts in civil law. A few comments on form and …” „… Interaction of Natural and Formal Language’ (2018) 14(4) European Review of Contract Law 307 Allen T …”

doi.org/10.5771/9783748930068

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