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Peter Mankowski (ed.)

Commercial Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

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Marco Torsello Article 31 CISG S. 163-174

„… delivery is due and the buyer is aware of the fact that the goods are placed at his disposal at that place …” „… obligation consists merely of the placing of the goods at the disposal of the buyer at the specific location …” „… disposal and he commits a breach of contract by failing to take delivery.13 If the buyer is bound to take …”

Tim W. Dornis Article 69 CISG S. 312-316

„… delivery is due and the buyer is aware of the fact that the goods are placed at his disposal at that place …” „… third party.24 The buyer must be aware of the fact that the goods have been placed at her disposal.25 …” „… goods at the buyer’s disposal and that the buyer was aware of this fact even though the buyer did not …”

Tobias Eckardt Article 30 S. 963-967

„… loss or damage which is not apparent, the fact of this taking delivery shall be prima facie evidence …” „… from the time that the goods were placed at the disposal of the consignee. (4) In calculating the …” „… goods were placed at the disposal of the consignee, as the case may be, shall not be included. (5) The …”

Peter Csoklich Article 12 S. 926-928

„… has taken over the goods for transport. The term “right of disposal” is misleading: In fact these …” „… the orders of the consignee. (3) The consignee shall, however, have the right of disposal from the …” „… consignment note. (4) If in exercising his right of disposal the consignee has ordered the delivery of the …”

Stefan Kröll Article 16 Discrepant Documents, Waiver and Notice S. 1457-1463

„… positioning under the heading of “complying presentation”, Article 15 (c) does in fact not regulate …” „… for a different wording that the documents where held “at the disposal of the presenter” which had …” „… failure of the bank to hold the documents at the disposal of the presenter or beneficiary may result in a …”

Marco Torsello Article 30 CISG S. 156-162

„… Incoterms® consists of the ease of their use, resulting from the fact that each set of rules is identified …” „… delivery obligation by placing the goods at the disposal of the buyer at the seller’s premises or at …” „… delivery of the goods. In fact, also under “C-clauses” the seller performs his delivery obligations either …”

Erik Evtimov, Tatyana Payosova Article 20 Circumstances preventing carriage S. 1153

„… whether the consignee has disposal of the duplicate of the consignment note is important, not whether that …” „… instructions or whether it is preferable to carry the goods as a matter of fact. In any event, all steps …” „… In the case of fault of the carrier he shall be liable for the consequences of failure to carry out …”

Erik Evtimov, Tatyana Payosova Article 21 Circumstances preventing delivery S. 1153

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

„… to Article 10.2 sentence 1, it is sufficient that the goods are placed at the disposal of the …” „… before they were taken over for carriage. The lack of a transport document or the fact that it is …” „… original or a copy of the transport document including bills of lading. In fact, there are some …”

Erik Evtimov, Tatyana Payosova Article 30 Compensation for loss S. 1162-1163

„… placed at his disposal within thirty days after the expiry of the transit periods. The person entitled …” „… of loss, where railway vehicles running on their own wheels are in fact transported as goods. The …” „… Article 29 Presumption of loss of the goods The person entitled may, without being required to …”

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

„… soon as the goods are at the disposal of the buyer (i.e. normally at the seller’s factory).21 The …” „… from asserting any of his rights under → Art. 45 et seqq. except to claim damages for additional …” „… expenses incurred. However, if it becomes clear before the stipulated time of delivery, that delivery will …”

Peter Mankowski Article 87 CISG S. 398-399

„… fact the party who is bound to preserve the goods, delegates the performance of its duty to the …” „… , his personnel or third parties to which the buyer would be liable, for instance in the event of …” „… calculation.33 Further consequences Taking possession of the goods is not the end of the line for the buyer …”

Peter Csoklich Article 1 S. 901-905

„… application 902 Peter Csoklich 2 3 4 5 places it at the disposal of the principal for the carriage of goods on …” „… Road Traffic of 1949 despite the fact that the Convention on Road Traffic of November 8, 1968, came …” „… furniture irrespective of the fact if the carrier also is obliged to additional services or if the furniture …”

Klaus Ramming Article 16 Liability for loss S. 1035-1039

„… corresponding entry in the consignment note waived his right of disposal to the consignee (see Article 14.3 …” „… document must be signed by or on behalf of the carrier (see Article 11.2). II. Liability for costs Article …” „… is justified in relation to costs being incurred by the carrier for the purpose of following the new …”

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

„… passing of risk will not be affected by the fact that the goods as such may not be in conformity with the …” „… fact that the Convention has detached the passing of risk from the transfer of title to the goods.22 2 …” „… illustrates that an extended understanding of the exception is indicated. This particularly concerns cases …”

Peter Csoklich Article 17 S. 938-942

„… disposal of that person (Art. 16 (4) CMR). However, the carrier is entitled to deduct all charges and …” „… different opinions as to the basis of liability under CMR.2 In fact, there is no coherent system of …” „… value due to the fact that the goods can only be sold in a limited market,17 even the mere suspicion of …”

Raimond Emde Article 2 S. 1266-1271

„… ) and is justified in light of the fact that prior to the adoption of the Directive, there were national …” „… 3. A commercial agent shall be understood within the meaning of this Directive as not including in …” „… 1979 in the United Kingdom, or its subsidiaries. 2. Each of the Member States shall have the right to …”

Section 2 Registered luggage S. 1111-1115

„… Article 35 Exclusion of liability The carrier shall not be liable to the passenger for loss or …” „… damage arising from the fact that the passenger does not conform to the formalities required by customs …” „… or other administrative authorities. Article 35 establishes a link to Article 10 and 14 of the CIV UR …”

Petra Butler Article 50 CISG S. 262-268

„… where goods are in fact located at the time of delivery.37 In accordance with the overwhelming opinion …” „… with Articles 47(1) or 63(1) respectively.32 The granting of an additional time period and its …” „… for assessing the requirements of Articles 49(1)(b), 64(1) (b) is the time when the obligee fixes the …”

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

„… in fact taken place. According to the clarification of the European Commission, if the date of …” „… been made, but the facts of the case trigger the consequences of Article 3 (3) lit b sublit ii, which …” „… view of legal policy, the fact that said proscription does not apply to transactions between …”

Marco Torsello Article 33 CISG S. 181-185

„… the buyer’s disposal, ready to be taken over.20 For the buyer to have the option to choose the date of …” „… obligation arising from Art. 32(3) CISG is not an integral part of the seller’s delivery obligation …” „… . Accordingly, the breach of the obligation at hand constitutes a breach of contract on the part of the seller …”

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

„… disposal of the buyer at the agreed point, if any, at the named place of delivery, not loaded on any …” „… debt. The seller must only place the goods at the disposal of the buyer (or any third party named by …” „… goods (e.g., according to Art. 36ff CISG). In defining the placing of the goods at the disposal of the …”

Titelei/Inhaltsverzeichnis S. I-XLVI

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 13 1030 Chapter IV Right to dispose of the goods Holder of the right of disposal …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 14 1033 Conditions for the exercise of the right of disposal …” „… whole or part of the material is concerned, specifically those of translation, reprinting, re-use of …”

Article 25 CISG S. 130-142

„… Helmut Coing (1982); Catalano, ‘More Fiction than Fact: The Perceived Differences in the Application of …” „… particular interest of the seller in a disposal of the goods which was known and accepted by the buyer (e.g …” „… tingly being burdened with reliance risks, and the general principle of reasonableness throughout …”

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

„… always raise problems. Article 39 Assignment of Proceeds The fact that a credit is not stated to be …” „… 16 17 – manner and timing CISG 16 13 Right of disposal CMNI 14 1, 15 1 – limits CMR 12 9 – of …” „… disposal CISG 69 5 – price risk CISG 66 1 – remedies CISG 70 1 – right of stoppage CISG 71 20 – right of …”

doi.org/10.5771/9783845276564

Thomas Schomerus, Ludger-Anselm Versteyl - Weitere Vereinfachung des Abfallrechts - Auf dem Weg zum Kreislaufwirtschaftsgesetz

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Thomas Schomerus, Ludger-Anselm Versteyl

Weitere Vereinfachung des Abfallrechts - Auf dem Weg zum Kreislaufwirtschaftsgesetz

Series: Lüneburger Juristische Studien – Leuphana Legal Studies

Volume 14 2010

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Transferral of Duties to Private Entities (§§ 16 – 18 KrW-/AbfG) S. 21-22

„… waste disposal authority. With regard to the fact that the transferral of duties according to § 16 sec …” „… Compatible Waste Disposal (Kreislaufwirtschafts- und Abfallgesetz – KrW-/AbfG) of 27 September 1994 (Federal …” „… opening up the previously public waste disposal system to private entities. An important part of these …”

Information of the Public (§ 39 KrW-/AbfG) S. 22-23

„… waste disposal authority. With regard to the fact that the transferral of duties according to § 16 sec …” „… of excessive fees. The right to pass a general by-law on waste disposal should remain with the public …” „… »fear of a lack of waste disposal facilities« unnecessary. Afore-mentioned associations responsible for …”

doi.org/10.5771/9783845224916

Andreas Fischer-Lescano, Hans-Peter Gasser, Thilo Marauhn, Natalino Ronzitti - Frieden in Freiheit - Peace in liberty - Paix en liberté

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Andreas Fischer-Lescano (ed.), Hans-Peter Gasser (ed.), Thilo Marauhn (ed.), Natalino Ronzitti (ed.)

Frieden in Freiheit - Peace in liberty - Paix en liberté

2008

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Andrew Waite The Definition of Waste: The Riddle of the Sands S. 799-818

„… “disposal operation” or “recovery operation” set out in Annexes IIA and IIB respectively of the WFD. However …” „… taking action to ensure the responsible disposal and recovery of waste, take measures to restrict the …” „… aim of achieving a high level of environmental protection: (a) regulation of disposal and recovery …”

Elzbieta Mikos-Skuza The International Humanitarian Fact-Finding Commission: An Awakening Beauty? S. 493-504

„… Widely Accepted Beauty”. 1. International Humanitarian Fact-Finding Commission as a mechanism of …” „… implementation of international humanitarian law The International Humanitarian Fact-Finding Commission belongs …” „… common Article 52/53/132/149 of the Geneva Conventions, • The International Humanitarian Fact …”

Anthony Carty The Irish Government’s Neutrality, the Nuremberg Trials and After S. 375-386

„… problem of retroactivity of criminal law, he alerted me to the fact that this was not the position of the …” „… civilised nations. The fact that the Charter was concluded three months after the end of the war and was …” „… by the fact of a small country remaining neutrality in the face of a war against another country …”

Andreas Zimmermann Durchsetzung des Völkerrechts zwischen Fragmentierung, Multilateralisierung und Individualisierung S. 1089-1100

„… , International Review of the Red Cross (1991), 109; Frits Kalshoven, The International Humanitarian Fact- Finding …” „… Völkerrechtlers Louis Henkin aus dem Jahre 1968, wonach “almost all nations observe almost all principles of …” „… international law and almost all of their obligations almost all of the time”2. Fraglich ist aber, selbst die …”

Mary Ellen O’Connell Defending the Law against Preemptive Force S. 249-260

„… occurred since the adoption of the Charter. That is a victory for law. 11 For a discussion of the facts …” „… 51 had become part of customary international law owing to the fact that they were so widely …” „… armed attack: [I]n view of the current state of international law, and of the elements of fact at …”

Bakhtiyar Tuzmukhamedov The End of Contractual Disarmament? S. 345-350

„… Security Council Resolution 1368 of 12 September 2001 had in fact been used as carte-blanche to seek and …” „… The End of Contractual Disarmament?∗ Bakhtiyar Tuzmukhamedov∗∗ Fedor (Friedrich …” „… ) Martens, Russian Diplomat and Professor of International Law1, whose intellectual and managerial …”

Heike Spieker The Conduct of Hostilities and the Protection of the Environment S. 753-780

„… regulation and the fact that the prohibition of causing certain negative effects on the natural environment …” „… having at least the effect of protecting the natural environment or elements of it. The very fact of the …” „… appropriateness of the threshold criteria and of the approach taken by Additional Protocol I. The fact that …”

Hanspeter Neuhold The International Community and „Rogue States“ S. 227-248

„… context is the fact that the official position of any accused person, whether as Head of State or …” „… played into the hands of the aggressor, since the Serbs had the arsenal of the JNA at their disposal …” „… in honour of Professor Michael Bothe who is going – which is hard to believe if you meet him – to …”

doi.org/10.5771/9783845209593

Ulrike Feldmann, Christian Raetzke, Marc Ruttloff - Atomrecht in Bewegung

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Ulrike Feldmann (ed.), Christian Raetzke (ed.), Marc Ruttloff (ed.)

Atomrecht in Bewegung

2019

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Sidonie Royer-Maucotel Discussion Report of the Third Working Session S. 163-166

„… disposed of at a certain disposal site are not exhausted. In the end the disposal of (released) radioactive …” „… Discussion Report of the Third Working Session Sidonie Royer-Maucotel The New German Act on …” „… task of the radiation protection officer (RPO) may be carried out by a radiation protection expert (RPE …”

Jostein Kristensen, Anton Burger Economic analysis and state aid in the energy and nuclear sectors S. 67-74

„… magnitude of aid to the energy sector in the EU also reflects the fact that low-carbon electricity …” „… context, the UK government argued that the high level of cost uncertainty over waste disposal costs …” „… spent fuel and waste disposal services following the completion of a Geological Disposal Facility (GDF …”

Jay R. Kraemer Developments in U.S. Nuclear Law in the Trump Era S. 167-192

„… . The situation here is complicated further by the fact that, as of September 29, 2017, two of FERC’s …” „… ability to take significant policy actions by the fact the two of the five Commissioners, including the …” „… . Department of the Treasury in September 2017. 65 “The Facts About Federal Subsidies for Energy: Nuclear …”

Justin Franken Discussion Report of the Second Working Session S. 117-122

„… prevented nor prescribed disposals of such kind. In combination with the fact that the legal framework was …” „… WPDGR considered the topic of development of damages over time in the context of final disposals. He …” „… committee. Ms. Geupel asked if issues of multinational disposals and their implications for nuclear …”

doi.org/10.5771/9783845297002

Christian Raetzke, Ulrike Feldmann, Akos Frank - Aus der Werkstatt des Nuklearrechts

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Christian Raetzke (ed.), Ulrike Feldmann (ed.), Akos Frank (ed.)

Aus der Werkstatt des Nuklearrechts

2016

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Jay Kraemer Status of HLW Disposal in the U.S.: A Cautionary and Costly Tale S. 213-270

„… ____________________ 107 See, U.S. Department of Energy, »Fact Sheet: The Path Forward on Nuclear Waste Disposal« (March …” „… 213 Status of HLW Disposal in the U.S.: A Cautionary and Costly Tale Jay Kraemer, Of Counsel …” „… enactment in the United States (»U.S.«) of comprehensive legislation providing for the disposal of …”

Sara Maciel Sánchez National Developments and Challenges in the Field of Legal Requirements for Final Disposal – The Mexican Case S. 271-290

„… 271 National Developments and Challenges in the Field of Legal Requirements for Final Disposal …” „… »National Developments and challenges in the field of legal requirements for final disposal«; which was …” „… legal framework on the legal requirements for final disposal. 1. Introduction The Facts: The Low-Level …”

Nuria Prieto Serrano The main Challenges in the Transposition of the Nuclear Waste Directive (2011/70/ Euratom) S. 197-212

„… is the raison d’être of the requirement of national programmes directed to the disposal of the waste …” „… generation to disposal« (Recital 28). Fig. 1: Schematic description of National Policy, Framework and …” „… plans for the post-closure period of a disposal facility. Consequently, we introduced them among the …”

doi.org/10.5771/9783845280578

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