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1
Ziółkowska-Majkowska, Aleksandra. "The Slotting Fee". Kwartalnik Prawa Międzynarodowego III, n. III (30 settembre 2023): 166–75. http://dx.doi.org/10.5604/01.3001.0053.8989.
Testo completoAbstract (sommario):
According to Article 15(1)(4) of the Act on Combating Unfair Competition, it is an act of unfair competition to obstruct other entrepreneurs’ access to the market, in particular by charging fees other than the trade margin for accepting goods for sale. The purpose of this article is to present concerns related to the aforementioned provision in the light of the jurisprudence of Polish courts and to assess whether the current legal framework provides uniform grounds for classifying slotting fees as part of the trade margin for accepting goods for sale.
2
Berlingher, Daniel. "The Effects of the International Contract for Sale of Goods". Journal of Legal Studies 19, n. 33 (1 giugno 2017): 96–109. http://dx.doi.org/10.1515/jles-2017-0007.
Testo completoAbstract (sommario):
Abstract The contracts are the indispensable legal instruments for any economic transaction. The international sale contract is the main legal instrument by which international commerce is carried out and through which the movement of goods from producer to consumer is ensured within cross-border relations. The sale contract in international commerce is the legal act by which the parties, the seller and the buyer, belonging to different states, commit each other to transfer the property of a good in return for payment of a price. Regarding the general rules applicable to the contract of international sale of goods, they are regulated by the “United Nations Convention on Contracts for the International Sale of Goods from Vienna”. The Convention has adopted uniform rules to govern the international sale of goods contract, if the parties have not chosen expressly for the application of other rules. In this study I present the effects of international sale of goods in the light of the rules of the Vienna Convention of 1980.
3
Yap, Ji Lian. "Predictability, certainty, and party autonomy in the sale and supply of goods". Common Law World Review 46, n. 4 (10 novembre 2017): 269–86. http://dx.doi.org/10.1177/1473779517735286.
Testo completoAbstract (sommario):
Predictability, certainty, and party autonomy are important goals in the development of legal principles. This article will examine these concepts and discuss a theoretical framework by which legal developments can be assessed. This theoretical framework will be applied in order to critically consider recent developments in two key areas relating to the sale and supply of goods, namely the action for price, and the characterization of contracts. In examining the interrelation between case law and legislation in these aspects of Commercial Law, the impact of the recent UK Supreme Court decision in PST Energy 7 Shipping v OW Bunker Malta (The Res Cogitans) will be explored. This landmark case considered several provisions of the UK Sale of Goods Act 1979. Many common law jurisdictions, such as Hong Kong and Singapore, have legislation that is very similar to the UK Sale of Goods Act, and Res Cogitans is thus of great interest and concern to those in such common law jurisdictions, since the courts in these jurisdictions are likely to view Res Cogitans as highly persuasive in the interpretation of similar local legislation. Various law reform options (including those inspired by the Canadian Uniform Sale of Goods Act) and suggestions for the drafting of contractual clauses will then be critically considered, with a view to promoting predictability, certainty, and party autonomy in the law relating to the sale and supply of goods.
4
Ferrari, Franco. "‘Forum Shopping’ Despite international uniform Contract law Conventions". International and Comparative Law Quarterly 51, n. 3 (luglio 2002): 689–707. http://dx.doi.org/10.1093/iclq/51.3.689.
Testo completoAbstract (sommario):
One of the asserted advantages and goals of the unification of substantive law lies in the prevention of ‘forum shopping’,1 ie the lawyer's act of seeking the forum that is most beneficial to his client's interest.2 This has been pointed out not only in discussions on unification of law in general,3 but also in discussions on specific international uniform contract law conventions, such as the United Nations Convention on Contracts for the International Sale of Goods4 (hereinafter CISG),5 the Geneva Convention on the Contract for the International Carriage of Goods by Road6 (hereinafter CMR)7 and the UNIDROIT Convention on International Factoring8 (hereinafter IFC).9
5
Djieufack, Roland. "The Seller's Liability for the Non-Conformity of Goods in a Contract of Sale under the OHADA Uniform Act on General Commercial Law: A Critical Analysis". Journal of African Law 60, n. 3 (ottobre 2016): 469–90. http://dx.doi.org/10.1017/s0021855316000139.
Testo completoAbstract (sommario):
AbstractThis article assesses the seller's duty of conformity in a contract of sale under the OHADA Uniform Act on General Commercial Law. It posits that conformity is not an independent legal concept and so argues that a thorough assessment cannot be made without recognizing and taking into consideration a number of issues, irrespective of the contractual stipulations agreed by the contracting parties. Arguably, the notion of conformity falls within the meaning of the subjective understanding of a “defect”. This can raise confusion and uncertainty in determining the seller's liability for non-conforming goods. Thus, from a cursory reading of the Uniform Act, the question of the seller's duty regarding the conformity of goods can conveniently be addressed from a number of different angles: the nature of the defect; local and international standards; contract law; and the principles of caveat venditor and caveat emptor. Adopting an in-depth content analysis and critical evaluation of primary and secondary data, the article concludes that a balance should be struck between these variables and, where no guidance is given in article 255 of the Uniform Act, the prevailing norm in member states should form the basis for determining the concept of conformity of goods.
6
Djieufack, Roland. "Conformity of goods to the contract of sale under the OHADA Uniform Act on General Commercial Law". Uniform Law Review - Revue de droit uniforme 20, n. 2-3 (agosto 2015): 271–95. http://dx.doi.org/10.1093/ulr/unv017.
Testo completo
7
Samson, Claude. "L'harmonisation du droit de la vente: l'influence de la Convention de Vienne sur l'évolution et l'harmonisation du droit des provinces canadiennes". Harmonisation du droit 32, n. 4 (12 aprile 2005): 1001–26. http://dx.doi.org/10.7202/043111ar.
Testo completoAbstract (sommario):
La Convention de Vienne sur les contrats de vente internationale de marchandises est le résultat de difficiles compromis de la part de pays appartenant à différentes familles juridiques ; plusieurs de ses dispositions reflètent de tels compromis entre systèmes de droit civil et de common law. Sur le plan interne canadien, retrouve-t-on une telle tendance à l'harmonisation des règles du droit de la vente de marchandises en droit civil et en common law ? Dans quelle mesure ces compromis à l'échelle internationale ont-ils influé sur le projet de Code civil du Québec de même que le Uniform Sale of Goods Act, que la Conférence sur l’uniformisation des lois aproposé aux provinces de common law en vue d'en arriver à l'harmonisation du droit de la vente entre celles-ci ? L'inclusion dans la Convention de Vienne d'une disposition créant une obligation de bonne foi fut en particulier l'occasion de longs débats. Si l'inclusion dans le projet de Code civil du Québec d'une disposition reconnaissant expressément le principe de bonne foi ne soulève pas de controverse, une reconnaissance expresse du principe de bonne foi, dans le Uniform Sale of Goods Act soulève cependant encore de longs débats. L'adhésion du Canada à la Convention des Nations Unies sur les contrats de vente internationale de marchandises contribuera à harmoniser le droit applicable à ce type de transaction. Mais, on ne peut malheureusement pas parler d'harmonisation pour ce qui est des ventes interprovinciales de marchandises au Canada.
8
Nguru, Aristide Kahindo. "THE ATTITUDE OF OHADA LAW COUNTRIES TOWARDS THE CISG". Journal of Law, Society and Development 3, n. 1 (12 settembre 2016): 99–114. http://dx.doi.org/10.25159/2520-9515/1090.
Testo completoAbstract (sommario):
Disparities in national laws are likely to result in uncertainty which, in turn, creates obstacles to international commerce. It is acknowledged that strong investment flows cannot be achieved without a secure legal and commercial environment. Mindful of such a need, states decided to harmonise sales law internationally. To this end, in 1980 they adopted the United Nations Convention on Contracts for the International Sale of Goods known as the Vienna Sales Convention or the CISG. The CISG has led a number of countries, including the Organisation for the Harmonisation of Business Law in Africa (OHADA) law states, to modernise their local sales law. However, only three of 17 countries that constitute the OHADA community have ratified the CISG. OHADA law countries give the impression of favouring a more regional approach to the unification of sales law rather than the CISG’s global approach by implementing a local Commercial Uniform Act. Their indifference towards the CISG is not without consequences for commerce in the OHADA region. This article seeks to demonstrate that the lack of ratification of a universal convention, as for example the CISG, poses a danger to commercial dealings. It also intends to show that the CISG is not hostile to regional uniform sales laws of the OHADA Commercial Uniform Act type. It concludes that OHADA countries do not need to be afraid of their acceptance of the CISG and recommends that it be ratified.
9
Djieufack, Roland. "Remedies for the seller’s liability for non-conformity of goods to a contract of sale of goods in the OHADA Uniform Act on General Commercial Law: a critical appraisal". Uniform Law Review 22, n. 3 (1 agosto 2017): 614–37. http://dx.doi.org/10.1093/ulr/unx029.
Testo completo
10
Coetzee, Juana. "A Pluralist Approach to the Law of International Sales". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (3 aprile 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1355.
Testo completoAbstract (sommario):
International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to differences in legal systems which act as a non-tariff barrier to trade. This article focuses on the private law framework regulating international contracts of sale. During the twentieth century, the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement. Because of gaps that exist in the CISG the Swiss government made a proposal for a new global contract law. But is this a feasible solution to the fragmentary state of international trade law? In Europe, signs of reluctance are setting in towards further harmonisation efforts. The Proposal for a Common European Sales Law (CESL) was recently withdrawn, and now Britain has voted to leave the European Union; rumour having it that more countries might follow. The current private law framework for international sales contracts consists of a hybrid system where international, national, state and non-state law function side by side. This article submits that universalism is not per se the most efficient approach to the regulation of international sales law and that economic forces require a more varied approach for business-to-business transactions. The biggest challenge, however, would be to manage global legal pluralism. It is concluded that contractual parties, the courts and arbitral tribunals can effectively manage pluralism on a case-by-case basis.
11
Herbots, Jacques. "Les contrats commerciaux OHADA dans une perspective congolaise. Vers un droit général commun des obligations contractuelles?" European Review of Private Law 23, Issue 1 (1 febbraio 2015): 47–80. http://dx.doi.org/10.54648/erpl2015004.
Testo completoAbstract (sommario):
Abstract: The economists agree that actually the African economies did take off. A further growth, however, needs investments. Attracting these investments is precisely one of the purposes of the African Union with her 54 Member States and of - in a geographically more limited area - the OHADA, the organization for the harmonization of business law in mainly French-speaking Africa. The originality of the OHADA consists in the adoption of uniform Acts, which apply in all 17 Member States. It is only fair to say that through these uniform statutes the influence of France and that of the French juridical culture are perpetuated in Africa. In this paper, the OHADA legislation is described, more specifically from the perspective of one of the Member States, namely the Democratic Republic of Congo, the former Belgian colony. An overview of the uniform Acts relating to the following commercial contracts is given: sale, arbitration agreement, carriage of goods by land, lease for professional purposes, lease of the management of a business, agency and brokerage, pledge, surety, and other guarantees. The uniform Acts modernize the outdated law of the Member States. Some of the introduced innovations are the Trade and Personal Property Credit Register and the Trustee for the guarantees. The French law as it stands in our days (including e.g. the trust-like device of the "fiducie") serves as a model, but so does the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles. The latter is not faithfully followed, though. For instance, the remedy of the anticipatory breach (provided for in the CISG) did disappear out of the revised uniform Act relating to the general commercial law. The unilateral avoidance for breach of contract (provided for in the UNIDROIT Principles), on the other hand, is only by exception allowed and the exceptional circumstances are not defined. The creditor must normally thus apply to the court for an order resolving the contract. The non-commercial special contracts continue to be regulated by the national law of each Member State. This can produce odd effects, so is the ownership of the goods sold transferred to the buyer at the very moment of the agreement of the contracting parties according to the Congolese Civil Code, while the ownership of the goods sold in Congo by commercial contract takes place at the moment of the delivery since the joining of the OHADA. In the present state of affairs, the general law of contracts (as opposed to the OHADA special rules for the different nominate contracts) remains also part of the national law of the Member States. Obviously, this has to change by all means, if one wants the harmonization of the commercial contracts. This article deals therefore also with a text that should become the cornerstone of the OHADA legislation, i.e., the preliminary draft on general contract law. It follows as close as possible the UNIDROIT Principles and there are good reasons for this, as explained by the draughts man professor M. Fontaine. Unfortunately, this draft is momentarily blocked off backstage by some lawyers steeped in the myth of the French legal culture. It may indeed seem hard to imagine, for instance, that the causa disappears! But then also does the consideration in the UNIDROIT Principles.
12
Makarova, Olga A., e Yuliya I. Kovalevskaya. "Conceptual framework and system of the Model law of the Commonwealth of Independent States “On Protection of Consumers”". Vestnik of Saint Petersburg University. Law 14, n. 3 (2023): 768–85. http://dx.doi.org/10.21638/spbu14.2023.313.
Testo completoAbstract (sommario):
The article substantiates the need to improve the model consumer legislation of the member states of the Commonwealth of Independent States (CIS), which has become brewing in connection with fundamental transformational changes in social life, development of electronic commerce, the development of new standards upon sale of goods, works, services to consumers. The paper draws attention to the differences in processes of approximation (harmonisation) of the national legislations of the EU member states and approximation of laws of the CIS member states, notes the specifics of international cooperation within the CIS. Before proceeding to the presentation of one of the possible alternate for improving the CIS model law on protection of consumers, authors analyze the state of modern legal regulation in the European Union, solitary states of the Western Europe, the CIS member states. As a result, it is concluded that it is possible to take into account the achievements of foreign lawmaking in the development of regulatory decisions in a number of areas of consumer protection: extension of scope of consumer’s legislation, formulating additional guarantees for protecting consumer rights in the field of e-commerce, developing a system of cross-border consumer’s disputes, and others. The structure of the act of consumer’s legislation proposed by the authors is based on the focus of the Russian Federation on the codification of consumer’s legislation, as well as on the modern needs for a uniform complex normative legal act that conflate both general issues of regulation of consumer’s relations and special provisions relating to the protection of consumer rights in certain areas of social relations (electronic commerce, sale of food, pharmaceutical products, housing and communal services, tourism services) or consumers belonging to socially vulnerable groups of the population (minors, the elderly, the disabled).
13
Mohd Zakuan, Zeti Zuryani, Siti Asishah Hassan e Rusnadewi Abdul Rashid. "Protection of Buyers for Goods Purchased by Description under the Sale of Goods Act 1957". Malaysian Journal of Social Sciences and Humanities (MJSSH) 7, n. 8 (28 agosto 2022): e001697. http://dx.doi.org/10.47405/mjssh.v7i8.1697.
Testo completoAbstract (sommario):
In the era of industrilization, the mass production and distribution of goods cross border has affected the buyers on the market. In order to meet the demand of buyers, the producers produced goods in large quantities without considering the quality of goods. Low quality of goods on the market will affect the buyer. Hence the existing law is important to protect the buyers when dealing with goods on the market. The Sale of Goods Act 1957 is the main Act which applies to contracts for the supply of goods in Malaysia. In a contract of supply of goods, implied terms are essential to cater for issues relating to the trader’s civil liability for goods. The weaknesses of the implied terms under the law of supply of goods have become barriers to claims for breach of contract. Currently, the Malaysian Sale of Goods Act 1957 does not adequately protect buyer when entering into a transaction of sale by description. Adopting a doctrinal approach, this article analyses the implied condition as to sale by description under section 15 Sale of Goods Act 1957. The article aims to assess whether the implied condition successfully overcame the problems of buyer in the market. It is submitted the present section 15 Sale of Goods Act 1957 is outdated. It needs a comprehensive revamp to reflect a more standardised and modernised approach. The Malaysian Sale of Goods Act 1957, as it stands, does not sufficiently safeguard buyer when they engage in a sale by description.
14
Mohd Zakuan, Zeti Zuryani, Siti Asishah Hassan, Anida Mahmood e Haswira Nor Mohamad Hashim. "EXCLUSION CLAUSE UNDER MALAYSIAN SALE OF GOODS ACT 1957: AN OBSTACLE TO BUYER’S PROTECTION IN A CONTRACT OF SALE OF GOODS". International Journal of Law, Government and Communication 7, n. 30 (12 dicembre 2022): 14–21. http://dx.doi.org/10.35631/ijlgc.730002.
Testo completoAbstract (sommario):
The mass production and distribution of goods across border demanded the producers to produce goods in large quantities without considering the quality of goods. The low quality of goods on the market will affect the buyers. Hence the existing law is important to protect the buyers when dealing with goods on the market. The Sale of Goods Act 1957 is the principal Act that applies to contracts for the supply of goods in Malaysia. In a contract of supply of goods, implied conditions and warranties are essential to cater to issues relating to the seller’s civil liability for goods. However, the existence of section 62 in the Sale of Goods Act 1957 weakens the protection of buyers under the contract of sale of goods. Section 62 provides for exclusion clause, which has been used widely by the seller as a tool to exclude liability by manipulating the method of drafting a contract. Adopting a doctrinal approach, this article analyses the provision under section 62 of the Sale of Goods Act 1957. The article aims to assess whether the provision is detrimental to the buyer. It is submitted the present section 62 Sale of Goods Act 1957 is detrimental to the buyer. Thus, the provision needs to be repealed to protect the buyers when dealing with sellers in the market.
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Kwiecień, Sebastian. "POLSKIE PRAWO PRZEMYSŁOWE 1927-1939". Zeszyty Prawnicze 11, n. 2 (21 dicembre 2016): 207. http://dx.doi.org/10.21697/zp.2011.11.2.11.
Testo completoAbstract (sommario):
POLISH INDUSTRIAL LAW 1927-1939Summary Mutual relations between the state and industry have changed substantially in the early twentieth century. Formed the major national ompanies which have obtained legal protection acquired economic position. A manifestation of protective measures was the introduction of the concession to operate certain industrial activities. Duty concession staggered principle of freedom of industry and introduced the principle of regulation (licensing). For the period above accounted for the first codification of Polish coherent industrial such as regulation of the Polish President on 7 June 1927, industrial law, with effect from 16 December 1927, modeled primarily on the Austrian and German law on industrial property. The Act contains no provisions industry standard for the period of capitalism the first quarter of the twentieth century, and is due to the contemporary system of economic relations, which gave her more than once on the archaic nature of some regulation. In addition to the undoubted success of the enactment of uniform laws for the whole country was to move the industry with its provisions explicitly the principle of art. March 101 of the Constitution places the freedom to choose classes and earn money. A reflection of this was the provision of Article. 3 industrial law, under which the industry was to conduct free and allowed anyone, unless the provisions of industrial law did not provide that the exception or limitation. Statutory definition of industry modeled on the achievements of the jurisprudence of the German industrial law, defined it as any employment or business carried out by itself, a commercial and professional use, no matter whether it was the activities of producing, processing, trade, or services. The Act divided the industry into two basic categories: a permanent base– industry-free, fully licensed and crafts as well as no permanent residence (circular). Sometimes a third category of industries considered to run theindustry at the fair. Launch of free industry, with permanent residence, which was not subject to duty concession notice required an industrial power of the first instance. Industrial authority without undue delay seemed receipts stating the order number, under which he was entered in the register of industrial powers. The registration obligation imposed on both individuals and legal persons. Licensed industry was industry, with permanent residence, whose launch was dependent on receipt of the concession. Industrial Law provided a long list of licensed industries, while accepting the principle that only those types of industry should be forced to obtain licenses, that are thus due to the important public interest and national security had to be made subject to strict conditions. Craft was the peculiar kind of industry, with permanent residence, which could be performed only way to craft. Industry without a permanent seat was called industry is defined as a circular gainful employment, self-made, professionally and personally without a permanent seat in the industrial field, for example, selling goods in other places other than goods intended for sale. The person who wanted to lead the industry circular was required to obtain a license, which has provided industrial power of the first instance in the form of an administrative decision. It was not possible to start and perform circular industry before obtaining a license. One of the major forms of trade in the interwar period was the sale takes place at the fair. The activities fair was regulated in the law industry as a special type of industry and subject to strict legal restrictions. The basic condition of business was to obtain a fair municipality’s powers to conduct fair markets (the property or place) and keeping it in the days and hours established in the regulations. In terms of industrial law in the new political and economic conditions have occurred in Poland after 1944. It is very interesting that its provisions were not considered to be contrary to the principles of contemporary legal and political system, becoming the instrument of delivery volume of private economic activity for the so-called national economy. Therefore, the provisions of the Regulation in force until 1972.
16
Yidana, Nuhu. "Sale in the Ordinary Course of Business Under Ghana Law: Recent Developments and Lessons from the UK". Business Law Review 42, Issue 3 (1 giugno 2021): 136–42. http://dx.doi.org/10.54648/bula2021019.
Testo completoAbstract (sommario):
The Sale of Goods Act 1962 (Act 137) put a statutory footing on implied conditions for the quality and fitness of goods in every contract involving the sale of goods in Ghana. The functionality of the implied conditions of quality and fitness of goods hinges on the sale of goods taking place in the ordinary course of the seller’s business. This article evaluates the concept of the sale in the ordinary course of business under which the implied conditions of quality and fitness of goods apply in Ghana. The paper argues that the current definition of sale in the ordinary course of business under the law in Ghana, is narrow to the disadvantage of buyers of goods. Consequently, this article advocates that the definition of the sale in the ordinary course of business needs to be broadened along the lines of the English law to help enhance the degree of protection of buyers of goods in Ghana. The paper further submits that the courts should consider distinguishing consumer matters in widening the scope as the current definition is mainly the product of non-consumer case law. implied conditions, quality of goods, fitness of goods, sale in the course of business, buyers of goods, sellers of goods, distinguishing, consumers, and non-consumers
17
Jurczyński, Paweł. "Comments on the Implementation of the Sale of Goods Directive into the Polish Legal Order". Studia Iuridica Lublinensia 32, n. 5 (31 dicembre 2023): 181–94. http://dx.doi.org/10.17951/sil.2023.32.5.181-194.
Testo completoAbstract (sommario):
The purpose of the article is to examine the effects of the entry into force of the Act of 4 November 2022 amending the Consumer Rights Act, the Civil Code Act and the Private International Law Act, being a result of the implementation of the so-called Sale of Goods Directive. The author analyses the issue using the formal-dogmatic method, focusing on the impact of the changes introduced by the above-mentioned Act on the standard of consumer protection and the manner in which entrepreneurs conduct their business activities. Moreover, he identifies the most significant problems related to the implementation of the Sale of Goods Directive into the Polish legal order, drawing attention to the legal and economic consequences of the choices and solutions adopted by the Polish legislator. He also assesses both the content of the Act in question and the content of the Sale of Goods Directive, formulating de lege ferenda conclusions.
18
Groves, Peter J. "The Sale and Supply of Goods Act 1994". Business Law Review 16, Issue 3 (1 marzo 1995): 55–57. http://dx.doi.org/10.54648/bula1995018.
Testo completo
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Chuah, John Chong Oon, e Azlena Khalid. "Securing Proprietary Rights for Buyers of Unascertained Fungible Goods in a Bulk in Malaysia". Environment-Behaviour Proceedings Journal 5, SI1 (1 giugno 2020): 219–23. http://dx.doi.org/10.21834/ebpj.v5isi1.2323.
Testo completoAbstract (sommario):
The research aims to ascertain the most effective methods to protect the rights of buyers of unascertained fungible goods who have paid under a contract of sale subject to the Malaysian Sale of Goods Act 1957. The research method is doctrinal. The findings reveal that in the event the seller becomes insolvent, the buyer as unsecured creditors would need to compete with the other creditors for the price of the goods. The trust device and the adoption of section 20A and 20B of the English Sale of Goods Act 1979 could provide adequate protection by conferring proprietary rights to buyers. Keywords: Contract; Sale of unascertained goods; Proprietary rights; Trusts. eISSN: 2398-4287 © 2020. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v5iSI1.2323
20
Zeller, Bruno. "Should Pakistan Adopt the Convention for the International Sale of Goods?" Victoria University Law and Justice Journal 7, n. 1 (11 giugno 2018): 66–75. http://dx.doi.org/10.15209/vulj.v7i1.1038.
Testo completoAbstract (sommario):
This paper demonstrates that Pakistani Sale of Goods laws are outdated as they have not been modernised since the 1930s. This paper will only look at buyer’s remedies under the Sale of Goods Act and compare the remedies available under the International Convention for the Sale of Goods (CISG) with the ones currently available in Pakistan and, where applicable, the sub-continent. This paper concludes that Pakistan would benefit from a ratification of the CISG as it would enable the country to take advantage of increased attention by China on its resources and economic opportunities.
21
Bird, Timothy C. "Directive 99/44EC on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees: Its Impact on Existing Irish Sale of Goods Law". European Review of Private Law 9, Issue 2/3 (1 giugno 2001): 279–95. http://dx.doi.org/10.54648/359021.
Testo completoAbstract (sommario):
The author looks at the Directive from the point of view of its impact on existing Irish Sale of Goods Law — notably the Sale of Goods & Supply off Services Act, 1980. The reach of the term 'dealing as consumer' as it is currently interpreted in Irhs law is examined and contrasted with the rights of the consumer as incorporated in the Directive. Whilst the Directive overall has a narrower canvass than does the 1980 Act (and the sale of Goods Act, 1893 which the 1980 Act amends) it incorporates both provisions which are complementary to existing Irish legislation and others which appear to duplicate existing Irish measures. In short, the Directive does not provide a tailor-made platform from which existing Irish law can be readily amended. Such would be too much to ask from a document reflecting disparate national inputs. It is the author's general conclusion that whilst the Directive has much to commend it, existing Irish consumer protection law covers a wider canvass and in greater depth.
22
Sealy, L. S. "When is a sale made “in the course of a business”?" Cambridge Law Journal 58, n. 2 (luglio 1999): 265–93. http://dx.doi.org/10.1017/s0008197399252014.
Testo completoAbstract (sommario):
IN the days (not so long ago) when there were typewriters in solicitors' offices, there was much speculation whether the sale by a solicitor of a typewriter which was no longer required would be caught by the provisions in section 14 of the Sale of Goods Act that impose conditions as to quality and fitness upon a “business” seller. There was no real room for doubt so far as the original Act of 1893 was concerned, where the relevant subsections referred to goods “of a description which it is in the course of the seller's business to supply” (s. 14(1)) and to “a seller who deals in goods of that description” (s. 14(2)). Plainly, our solicitor was not within either subsection. But when section 14 was revised (and subsection (1) confusingly renumbered so that it became subsection (3)), these formulae were discarded and replaced by the wording: “Where the seller sells goods in the course of a business”–which is plainly wider. This reform was introduced by the Supply of Goods (Implied Terms) Act 1973 and later consolidated into the Sale of Goods Act 1979 that is currently in force. Remarkably, the scope of the new provision has not been the subject of any judicial consideration for over two decades; but the Court of Appeal has now given a firm ruling in Stevenson v. Rogers [1999] 1 All E.R. 613, with the consequence that any redundant typewriters disposed of by solicitors in the future will be deemed sold “in the course of a business”.
23
Whittington, Nicholas. "Reconsidering Domestic Sale of Goods Remedies in Light of the CISG". Victoria University of Wellington Law Review 37, n. 3 (1 settembre 2006): 421. http://dx.doi.org/10.26686/vuwlr.v37i3.5576.
Testo completoAbstract (sommario):
This article suggests that New Zealand should overhaul the remedies available for breach of sale of goods contracts. It argues that the Sale of Goods Act 1908 should be repealed and the principles and provisions of the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG) should be adopted in its place. This would have the effect of eliminating the unnecessary distinction currently made between domestic and international sale of goods, and finally ridding the law of the condition-warranty distinction which has become out of date and leads to uncertainty and injustice. It is argued that the provisions of the CISG better respond to the transportation and communication costs and distances involved in international sales, considerations which are not insignificant in trade within New Zealand and, consequently, justify a similar approach domestically.
24
Newman, Ohenewaa Boateng, e Bobby Banson. "The Conundrum of Balance Under Ghana's Legal System: The Protection of a Buyer in Good Faith and the Principle of Caveat Emptor". African Journal of International and Comparative Law 30, n. 2 (maggio 2022): 197–210. http://dx.doi.org/10.3366/ajicl.2022.0404.
Testo completoAbstract (sommario):
Transfer of title remains the fulcrum of sale transactions without which there are legal ramifications for both the seller and buyer. The Sale of Goods Act of 1962, Act 137, and the principles of common law and equity lay down the fundamental principles underlying a sale transaction in Ghana. Application of the principles of caveat emptor and protection of the buyer in good faith has brought to the fore, the complexities in balancing these competing interests. This article analyses Act 137 in conjunction with other legislation in selected jurisdictions and case law in respect of this conundrum.
25
Wang, Yuqing. "On Substantive Changes to Contracts Under the United Nations Convention on Contracts for the International Sale of Goods". Studies in Law and Justice 2, n. 1 (marzo 2023): 19–25. http://dx.doi.org/10.56397/slj.2023.03.03.
Testo completoAbstract (sommario):
First of all, it is important to clarify the premise that the most fundamental basis for the sale and purchase of goods between the international community and countries is in fact the contract for the sale and purchase of goods concluded between the buyer and the seller, and that this contract is the basis for the clarification of their rights and obligations between the parties and for the act of performance. The contract shall be formed on the basis of the act of offer and promise between the parties, so that the validity of the offer and promise has a direct influence on the formal formation of the contract and the subsequent act of sale and purchase of goods. National laws differ as to whether a promise must be identical to an offer. For example, in the common law system there is the well-known “mirror image principle”, which requires a high degree of conformity. Article 19 of the United Nations Convention on Contracts for the International Sale of Goods (CISG), however, provides for this in three main clauses. [i]Even though national laws and international treaties such as the CISG contain specific provisions on offers, promises and material changes to contracts, there is still much uncertainty in practice. This essay will extend the discussion of material change in contracts through a specific international trade case and will focus on the CISG provisions on material change in contracts and their content. Chapter 3 will provide reflections on material change based on the first two papers.
26
Nwocha, Matthew Enya. "Law of Sale of Goods in Nigeria: Interrogating Key Elements of the Sale of Goods Act Relating to the Rights of Parties to a Sale of Goods Contract". Beijing Law Review 09, n. 02 (2018): 201–10. http://dx.doi.org/10.4236/blr.2018.92014.
Testo completo
27
Ali, Yunus. "Catering Contract of Restaurants in the English Law. A Comparative Analytical Study with Iraqi Civil Law". مجلة العلوم القانونية 37, n. 1 (15 giugno 2022): 1–46. http://dx.doi.org/10.35246/jols.v37i1.450.
Testo completoAbstract (sommario):
The Catering contract is considered as a type of hospitality contracts in the English common law of customary origins. Which is unwritten and based upon judicial precedents of the English courts. It is a complex contract of mixed nature، Is Regarded as a contract for the sale of meals of food and drink،, and is considered as a contract for supply of services concerning the preparation of food and drink، for providing them to the customer، as well as being a bailment contract. It is worth-bearing in mind that this contract is subject to the rules of three important English legislations: The Sale of Goods Act 1979، The Supply of Goods and Services 1982، The Consumer Protection Act 1987، and The Consumer Rights Act 2015. It is also worth-mentioning that a lot of Statutorily Implied Terms can be extracted from this contract. Whereas the Iraqi civil code No.40 of 1951 did not regulate expressly this contract within the nominate contracts، but the rules of both the contract of sale and enterprise can be applied to this contract، because it contains sale of food and drink، as well as other services closely related to it، which the restaurateur provides to the customer.
28
Bruun Nielsen, Anne-Dorte. "Directive 1999/44/EC of the European Parliament and the Council on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees and its Influence on Danish Law". European Review of Private Law 9, Issue 2/3 (1 giugno 2001): 189–96. http://dx.doi.org/10.54648/359016.
Testo completoAbstract (sommario):
The rules governing lack of conformity in consumer sales are to be found in the Danish Sale of Goods Act (The Act). The Act constitutes inter alia a legitimate definition of lack of conformity of goods in consumer conditions. Generally, guarantees are not within the formalities of Danish law. They have been regulated by ordinary contractual law; the Marketing Practices Act will implement the Directive in this regard. According to the interpretation of the Directive and The Act, present Danish law must be altered in a number of (minor) requests in order to conform with the Directive. In Denmark a working group will put forward proposals for amendments to The Act.
29
Nuzula, Khurin Fijria, e Irham Zaki. "Tinjauan Implementasi Fatwa DSN NO.25/DSN-MUI/III/2002 Pada Pelaksanaan Penjualan Barang Gadai Yang Tidak Ditebus Di Bank JATIM Syariah". Jurnal Ekonomi Syariah Teori dan Terapan 3, n. 5 (20 gennaio 2017): 418. http://dx.doi.org/10.20473/vol3iss20165pp418-429.
Testo completoAbstract (sommario):
The purpose of this research is to assess the compliance of the selling procedures for unredeemed pawn goods (Marhun) in accordance to the National Sharia Council’s Fatwa No:25/DSN-MUI/III/2002 in Bank Jatim Syariah. The selling of unredeemed pawn goods (marhun) is analyzed from 4 aspects : (1) Maturity, (2) the execution of sale, (3) the result of the sale and (4) the excess or deficit from the result of the sale. This research adopts a qualitative approach with a case study methodology. The result of this research suggests that there is incompliance to the National Sharia Council’s Fatwa No:25/DSN-MUI/III/2002 in the act of selling unredeemed pawn goods (marhun) by Bank Jatim Syariah, however this incompliance does not indicate any breach to the sharia rulings on sales and purchase.
30
SULE, IBRAHIM, e Nnadozie, Chi Eric. "The Differences Made by the Transposition of the Consumer Sales and Guarantees Directive (1999) into English law: Could a case be made for extending the Changes to Non-Consumer Contracts?" International Journal of Law and Politics Studies 4, n. 2 (28 ottobre 2022): 27–35. http://dx.doi.org/10.32996/ijlps.2022.4.2.4.
Testo completoAbstract (sommario):
It used to be a principle of English law that a seller or a party to a contract was not under a legal obligation to disclose to the buyer or the other party to the contract any facts relating to the contract, even if that fact “would have materially influenced” his decision to the contract. This principle was governed by the legal maxim of caveat emptor, i.e., let the buyer beware. The rle of caveat emptor ‘used’ to apply to a contract of sale of goods and other forms of contract except if the buyer could show that there was an express warranty of quality or there was fraud on the part of the seller. However, in relation to the sale of goods, which is the subject matter of this article, it may be argued that besides this known exception, the rule “has been tempered” by an implied condition in the common law that where the goods are sold by description, they shall be of merchantable quality “[answering] the description in the contract”. Although a purchaser could not benefit from this common law implied condition in the sale of specific goods, where he expressly demanded the goods for a particular purpose, there was an implied condition that the goods should be reasonably fit for that purpose.These common law rules applied even before the Sale of Goods Act 1893. Firstly, this article brings out and analyses, in terms of the sale of goods, some of the differences that have been affected by the transposition of the Directive on consumer sales and guarantees into English law through the 2002 Regulations, with emphasis on the key provisions of the Regulations, i.e., Reg. 3, 4, 5, and 15-16. Secondly, as these Regulations, as well as the changes they brought, aimed at protecting person “who deals as consumer” or consumers generally, this article argues whether or not a case could be made for extending these changes to non-consumer contracts. It may be interesting to note that, whereas the changes made by the 1994 Act were “plainly directed towards finding a formulation which is appropriate to the consumer as well as to commercial sales,”; the 2002 Regulations, on the other hand, are directed only to consumers.
31
Gracia, Chelsea. "UNVEILING A NEW CURTAIN: THE APPLICABILITY OF CISG ON SALES OF DRONES". Transnational Business Law Journal 3, n. 2 (31 agosto 2022): 111–25. http://dx.doi.org/10.23920/transbuslj.v3i2.1376.
Testo completoAbstract (sommario):
Drones have become an integral part of the aviation industry, encompassing a wide range of sizes and functions. This paper examines the interpretation and application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to the sale of drones. While drones are not explicitly excluded from the CISG, their absence from its provisions can be attributed to the CISG's formation predating their widespread commercialization. The absence of specific provisions addressing drone sales within the CISG has led to diverse interpretations. However, considering the CISG's objective of establishing a uniform legal framework and promoting good faith in international trade, extending its application to the sale of drones is conceivable. As an internationally recognized legal instrument for the sale of goods, the CISG provides a convenient framework for parties involved in drone transactions. However, the CISG must also consider the intricacy and risks associated with certain goods, which may conflict with other legal regulations or introduce complexities in their legal treatment. Drones exhibit diverse types, functionalities, and operational contexts, and their regulation varies significantly across different countries due to airspace and national sovereignty considerations.
32
Thomas, Sean. "Goods with embedded software: Obligations under Section 12 of the Sale of Goods Act 1979". International Review of Law, Computers & Technology 26, n. 2-3 (novembre 2012): 165–83. http://dx.doi.org/10.1080/13600869.2012.698454.
Testo completo
33
Ho, H. L. "Some Reflections on “Property” and “Title” in the Sale of Goods Act". Cambridge Law Journal 56, n. 3 (novembre 1997): 571–98. http://dx.doi.org/10.1017/s0008197300098585.
Testo completoAbstract (sommario):
The Sale of Goods Act 1979 (“the Act”) uses two terms, “property” and “title”, which one would normally associate with ownership. Of “title”, there is no definition in the Act; of “property”, there is one. But the definition, as we shall see, does not carry us very far. There has been much debate on the meaning of the two terms. The approach advocated by Battersby and Preston in a deservedly well-known article appears to have gained considerable acceptance.5 This paper hopes to present, as a theoretical possibility, an alternative interpretation of the uses and meanings of those concepts and of their relationship. It would be useful to begin with a brief description of “ownership” since “property” and “title” are associated with it.
34
Gardazi, Syed Mudasser Fida, e Muhammad Asim Iqbal. "Conceptualization of Breach of Contract under the Vienna Sales Convention and Sale of Goods Act of Pakistan". Global Legal Studies Review V, n. III (30 settembre 2020): 113–19. http://dx.doi.org/10.31703/glsr.2020(v-iii).14.
Testo completoAbstract (sommario):
The Vienna Sales Convention or CISG is an amalgamation of civil law and common law. Moreover,it is relatively a modern document when compared with the Sale of Goods Act, 1930 (SOGA) of Pakistan,which is an offshoot of common law. The remedial measures available to the parties contracting for the sale of goods under both regimes are somehow different. Because, the basic concept of a breach in a contract is a major variable in each instrument, if evaluated from various angles. The fundamental scheme applied here is to find the common legal provisions, similarities and differences on the concept of the breach. The comparative analysis shows that similar contractual obligations lead to dissimilarities in remedies under different laws.
35
Ortega, Diego, e Chase Kaniecki. "Gray Becomes Black and White: Exploring Options for U.S. Businesses in Wake of the Kirtsaeng Decision". Global Trade and Customs Journal 10, Issue 2 (1 febbraio 2015): 87–94. http://dx.doi.org/10.54648/gtcj2015007.
Testo completoAbstract (sommario):
In Kirtsaeng v. John Wiley & Sons, Inc., 133 S. Ct. 1351 (2013), the Supreme Court held that gray market goods are protected by the first sale doctrine of the Copyright Act of 1976 ("Copyright Act"). U.S. manufacturers are typically at a severe disadvantage when competing with gray marketers who offer essentially the same or comparable goods at lower prices. Accordingly, businesses should explore new avenues to limit the economic power of gray market goods by using: (1) licenses for copyrighted works; (2) contract provisions restricting distribution; (3) remedies under trademark law, such as Lever rule protection under section 42 of the Lanham Act or by curtailing the importation of certain foreign-manufactured merchandise through section 526 of the Tariff Act; and (4) consumer protection laws in applicable states such as California, Connecticut, and New York.
36
Lunkina, T., A. Kuhlyar e Y. Kemova. "Dropshipping as a Modern Direction of Business Development in Ukraine". Modern Economics 24, n. 1 (16 dicembre 2020): 107–12. http://dx.doi.org/10.31521/modecon.v24(2020)-17.
Testo completoAbstract (sommario):
Annotation. Introduction. The economic crisis, the acceleration of the scientific and technical process are forcing young entrepreneurs to look for new ways to make a profit and save time. The sale of goods under this scheme is gaining popularity in Ukraine. We considered marketplace for the sale of goods under the drop shipping scheme Purpose. The purpose of this article is to determining the relevance and feasibility of this business model. Develop Ukrainian marketplaces and access Ukrainian products to the world market by placing advertisements on world search sites and introducing delivery from abroad. Results. The article explores the realities and identifies prospects for the development of drop shipping system in Ukraine. It is noted that drop shipping act as one of the popular business model. It was investigated advantages and disadvantage. It was created comparative description of drop shipping with the production of goods was made. Dropshipping is a good start for developing your own business and entering the world market. This type of business can be easily implemented both in Ukraine and in cooperation with other countries. The rapid development of technology gives impetus to the implementation of e-commerce through the sale of goods by the method of dropshipping around the world. An example of a world-famous platform for the sale of goods is considered Conclusion. Drop shipping is promising for starting your own business. It does not require significant capital investment. There is a possibility of further development in the field of product promotion. The sale of goods under the dropshipping system is promising for development on a global scale for domestic sites. The tool for realizing this perspective is to attract more foreign consumers and promote Ukrainian goods and brands. Keywords: drop shipping; manufacturer; implementation; operation; modernization; business.
37
Kartyshev, D. V. "TRANSFORMATION OF THE INSTITUTIONAL BASE OF WORLD CARGO TRANSPORTATION". Economic innovations 19, n. 2(64) (7 luglio 2017): 124–28. http://dx.doi.org/10.31520/ei.2017.19.2(64).124-128.
Testo completoAbstract (sommario):
The practice of international merchant shipping and the practice of international trade in goods are interrelated at different levels - from historical to the level of a separate treaty. Here, contracts for the purchase and sale of goods, transportation, insurance, financing, transport and warehouse documents of title are intertwined and interact. The necessary degree of awareness in these issues is an indispensable condition for both successful business activity and for solving the problems of unification of maritime and commercial law. The process of the unification of law began primarily in the field of international transport law. Universal international legal unification of material norms of contracts of sale of goods was held in 1980 in the form of the Vienna Convention. The creation of the Brussels Convention and the Hamburg Rules was preceded by the study of the commercial and economic aspects of the bill of lading in the trade turnover. For example, in 53 paragraphs of the report of the UNCTAD secretariat on a bill of lading, the following issues were covered in various ways: 1) the inversion of a bill of lading; 2) the effectiveness of its role in the sale of goods - in terms of transfer of ownership or risk of damage, as well as in operations related to shipping conditions (for example, FOB, CIF); 3) the role of the bill of lading in the sale of documents; 4) the role of the bill of lading in bank letters of credit; 5) the effectiveness of the bill of lading as a receipt for the goods; 6) the status of a bill of lading as a contract of carriage; 7) the status of a bill of lading as a document of title. In 1996, UNCTAD discussed the proposal to include in its work program a review of existing practices and legislation in the field of international maritime transport of goods with a view to identifying areas that require uniform rules, and with a view to achieving greater harmonization of laws . The proposal was accompanied by information that in existing national laws and international conventions there are significant gaps regarding the functioning of bills of lading and sea waybills, the connection of these transport documents with the rights and obligations of the seller and buyer of goods, the legal status of entities providing financing to one of the parties to the contract of carriage Cargo. In some states there is a regulatory framework for these issues, but it is not uniform. And in many states there is no regulatory framework in this sphere at all. This circumstance is an obstacle to the free movement of goods and increases the value of transactions. The widespread use of electronic means of communication in the transport of goods further exacerbates the consequences of the fragmentation and non-unification of various laws and leads to the need to develop uniform provisions on specific issues related to the use of the applied technologies.
38
Asuhaimi, Farhanin Abdullah, Zuhairah Ariff Abd Ghadas e Nazli Ismail Nawang. "Sale of Merchantable Quality Goods in Today’s Online Contract: Issues and Challenges". Indonesian Comparative Law Review 4, n. 2 (7 settembre 2022): 71–80. http://dx.doi.org/10.18196/iclr.v4i2.15858.
Testo completoAbstract (sommario):
Nowadays, many consumers choose to buy their needs using online platforms rather than the traditional method. The transactions became more active during the Covid-19 pandemic when the citizen movement was restricted with the enforcement of the Movement Control Order. Thus, the online platform needs to provide good information on the product to gain consumers' confidence in entering into any online transactions. This paper highlights the principles of sale of merchantable quality goods in the Malaysia Sale of Goods Act 1957(SOGA) and the consequences of the breach based on a systematic literature review. This paper also investigates the application of the sale of merchantable quality goods in online platforms using the method of content analysis. This research revealed that Lazada and Shopee, as Malaysia's most clicked e-commerce platforms, successfully protect their ranking by providing a perfect practice in ensuring the goods sold comply with the merchantable quality as in SOGA. However, as consumers must be aware of the underlying principle of caveat emptor thus, this paper concludes with some tips for buying online and the suggestion for the online platform to ensure the practice is in line with the current law in Malaysia.
39
Jokanović, Ivan, e Attila Dudás. "Legal Position of the Consumer in the Event of a Lack of Conformity of the Goods in Croatian and Serbian Law". Acta Universitatis Sapientiae, Legal Studies 11, n. 1 (15 giugno 2022): 23–45. http://dx.doi.org/10.47745/ausleg.2022.11.1.02.
Testo completoAbstract (sommario):
The objective of this paper is to analyse the legal position of the consumer in the event of a lack of conformity of the goods in Croatian and Serbian law. The national regulations governing this issue in both states are influenced by the legislation of the European Union. More specifically, Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees influenced the Serbian Consumer Protection Act, while the said Directive and the new Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods influenced the Croatian Act on Obligations. However, both legislators preserved certain specific rules, most notably the ones pertaining to the rescission of the contract. Given the fact that Serbia has not yet harmonized its Consumer Protection Act with Directive (EU) 2019/771, its regulation is to be assessed taking into account only Directive 1999/44/EC. In comparing the two legal orders, the paper discusses several issues in relation to consumer sales, such as the sources of law in this field and their application, basic definitions and the notion of conformity of the goods with the contract and consumers’ rights in the event of a lack of conformity, with the aim to identify differences, similarities, and specificities. It can be inferred that the main differences concern the regulatory approach, the definition of the notion of conformity of the goods with the contract, and certain specific rules relating to the rescission of the contract. On the other hand, the main similarities regard the hierarchy of the rights at the disposal of the consumer and the time limit during which the seller may be held liable.
40
Hedley, Steve. "SALE OF GOODS-REMEDY OF REJECTION-HOW QUICKLY IS THE RIGHT LOST?" Cambridge Law Journal 60, n. 1 (marzo 2001): 1–58. http://dx.doi.org/10.1017/s0008197301720612.
Testo completoAbstract (sommario):
WHILE the precise time allowed for a buyer to reject faulty goods is by no means clear, it has been understood to be short. A buyer who thought in terms of weeks, rather than days, for effecting a return might easily find himself out of time. And while the Sale of Goods Act 1979 (as amended) now guarantees a reasonable opportunity for the inspection of the goods, there are some situations where buyers who have acted with complete circumspection might still find themselves unable to reject. It is therefore quite surprising (if, indeed, stronger expressions are not called for) to find rejection of goods permitted after more than a year had passed since delivery-and this in a case where the defect could readily have been discovered on the day of delivery: Truk (UK) Ltd. v. Tokmakidis GmbH [2000] 2 All E.R. (Comm) 594. While the case does not directly conflict with any prior precedent, it does indicate an important new departure, considerably more generous to buyers.
41
Apriyanto, Hendra. "PELAKSANAAN PENGALIHAN HAK MILIK ATAS BENDA MELALUI PERJANJIAN JUAL BELI MENURUT KUH PERDATA". Collegium Studiosum Journal 6, n. 2 (31 dicembre 2023): 634–41. http://dx.doi.org/10.56301/csj.v6i2.1131.
Testo completoAbstract (sommario):
This research aims to determine the implementation of the transfer of ownership rights to objects through a sale and purchase agreement according to the Civil Code. The aim of this research is to reveal the implementation of the transfer of property rights and what risks arise after the transfer of property rights occurs through a sale and purchase agreement. This type of normative research uses descriptive qualitative methods. The collection method uses library research (library study). How to analyze this research is descriptive analysis. Results obtained: Transfer of ownership rights over objects through a sale and purchase agreement which is carried out where the provisions of the law require that to obtain ownership rights based on delivery, two conditions must be met, namely the existence of a civil event to transfer ownership rights and the delivery, all of which must be made and carried out by a person who has the right to act freely with the property to be transferred. The risks in a sale and purchase agreement are that one party does not fulfill what has been agreed upon in the sale and purchase agreement. For delivery of goods, as long as the goods have not been delivered, the risk must still be borne by the seller, who remains the owner until the time the goods are legally handed over to the buyer or the risk of loss caused by an event (event) beyond the fault of either party.
42
Barnard, Jacolien. "The Influence of the Consumer Protection Act 68 of 2008 on the Common Law Warranty Against Eviction: A Comparative Overview". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, n. 5 (1 giugno 2017): 347. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2527.
Testo completoAbstract (sommario):
The implementation of the Consumer Protection Act 68 of 2008 (CPA) has great implications for the South African common law of sale. In this contribution the influence of the CPA on the seller’s common law duty to warrant the buyer against eviction is investigated. Upon evaluation of the relevant provisions of the CPA, the legal position in the United Kingdom – specifically the provisions of the Sales of Goods Act of 1979 – is investigated.
43
Sharenkо, A. N. "Methodology for classifying food products and agricultural raw materials as high-value-added goods". Agrarian Economics 1, n. 1 (9 febbraio 2024): 34–43. http://dx.doi.org/10.29235/1818-9806-2024-1-34-43.
Testo completoAbstract (sommario):
In order to establish a uniform approach to classifying food products and agricultural raw materials intended for sale on the domestic and foreign markets as high-value-added goods, the author’s methodology is presented in the article. It allows you to identify promising products in the context of their types and economic entities in order to increase gross value added in the agroindustrial complex.
44
Watterson, Stephen. "Consumer Sales Directive 1999/44/EC — The Impact on English Law". European Review of Private Law 9, Issue 2/3 (1 giugno 2001): 197–221. http://dx.doi.org/10.54648/359017.
Testo completoAbstract (sommario):
English law already lays down a number of minimum quality standards for goods by the Sale of Goods Act 1979 which substantially resemble those found in the Directive 1999/44/EC. The more interesting developments concern the remedies available to purchasers of non-conforming goods. In particular, the Directive requires new legal rights to free repair or replacement, and may well require a purchaser's established right to reject goods to be more enduring than is now the case. Nonetheless, the Directive may be a double-edged sword in this respect. If the Directive's remedial regime is adopted with all of its limitations, the overall result could be a reduction of the rights of consumer buyers. Implementing the Directive will not be an easy task. In the short-term, a shortage of parliamentary time is likely to lead to implementation by Regulation in parallel to existing national rules. In the long-term, however, satisfactory consolidation of national and European rules governing consumer sales, and possible implementation of the UN Convention on the International Sale of Goods, will raise the question whether the UK should finally enact wholly separate consumer and commercial sales laws.
45
Rizka, Rizka. "Legal Protection for Consumers Who Buy and Sell Used Goods on Facebook". International Journal of Law and Policy 2, n. 4 (30 aprile 2024): 44–54. http://dx.doi.org/10.59022/ijlp.165.
Testo completoAbstract (sommario):
High consumer interest in purchasing used goods through platforms like Facebook, where the buyer is unknown, is evident. These goods are typically sourced from their original locations, which sometimes leads to consumer losses. The purpose of this research is to acquire knowledge and understanding of the legal protections available to consumers who purchase used goods on the Facebook platform. The research methods employed are normative, utilizing a regulatory legislation approach described as descriptive. This research focuses on analyzing and solving problems that occurred during the study. Consumer rights in these transactions are regulated under Article 4 of the Consumer Protection Act (UUPK), reinforced by the obligations of entrepreneurs in Article 7 of the UUPK. The sale of used goods is also addressed in Chapter 8, Paragraph 2 of the UUPK, which stipulates that entrepreneurs must not sell used goods without providing clear information. To prevent fraud involving stolen goods, consumers must adhere to Article 28 (1) of the ITE Act. Dispute resolution between consumers can be conducted through both litigation and non-litigation methods.
46
Jovanović, Marko. "A conclusion of contracts for the international sale of goods". Pravo - teorija i praksa 38, n. 3 (2021): 65–76. http://dx.doi.org/10.5937/ptp2103065j.
Testo completoAbstract (sommario):
The international exchange of goods is done through a contract on the international sale of goods. A conclusion of a contract on the international sale of goods is based primarily on the autonomy of the will of the parties, unless that autonomy of will is limited by the compulsory regulations of the states. All sources of law cited in the paper, such as international conventions, autonomous sources of law and even customs and business ethics, can be changed by the disposition of the will, because they are of a dispositive character. The contracting parties most often agree on the application of the United Nations Convention on Contracts for the International Sale of Goods, the so-called Vienna Conventions, except in cases where there are general conditions and standard contracts. The Vienna Convention, which is a compromise of continental, Roman and Anglo-Saxon law, is most often contracted. The offer and its acceptance are necessary for the conclusion of the contract, except for standard and formal contracts. The offer is a final act, and the acceptance of the offer is a statement of the agreement with the offer. The offer must have essential elements of the contract, but it can also have irrelevant elements. By concluding a contract with the application of INCOTERMS clauses, most irrelevant elements of the contract are regulated.
47
de Wit, Walter. "Customs Valuation Under the UCC: Further Guidance Needed?" EC Tax Review 26, Issue 6 (1 novembre 2017): 317–22. http://dx.doi.org/10.54648/ecta2017034.
Testo completoAbstract (sommario):
This article deals with the new rule on customs valuation included in Article 128 of the Union Customs Code Implementing Act which is aimed at abolishing the so-called first sale for export valuation rule. The article discusses how the new requirement, that the sale occurring immediately before the goods were brought into the customs territory of the EU is decisive, will work for determining which transaction must be used to apply the transaction value methodology for customs valuation purposes. In relation to this requirement it also discusses the introduction of the new concept of domestic sale by the European Commission in its Guidance on customs valuation of April 2016 and the many questions this concept raises.
48
Whittington, Nicholas. "Comment on Professor Schwenzer's paper". Victoria University of Wellington Law Review 36, n. 4 (1 dicembre 2005): 809. http://dx.doi.org/10.26686/vuwlr.v36i4.5630.
Testo completoAbstract (sommario):
The author comments on Ingeborg Schwenzer's paper found in this volume (Ingeborg Schwenzer "The Danger of Domestic Preconceived Views with Respect to the Uniform Interpretation of the CISG: The Question of Avoidance in the Case of Non-Conforming Goods and Documents" (2005) 36 VUWLR 795). This author argues for a "single standard concept" in relation to the application of the Convention on Contracts for the International Sale of Goods ('CISG'), meaning that the broad and ambitious document should have a uniform application. Unfortunately, the author notes that the CISG's application has been anything but in both the international and domestic contexts. The author provides potential solutions to this lack of uniformity: first, encourage decision-makers to have regard to case law from other countries; and secondly, encourage courts, when dealing with the CISG, to distance themselves from domestic preconceptions and to look at the case through CISG-tinted glasses.
49
Wood, Roderick J. "Enforcement Remedies of Creditors". Alberta Law Review 34, n. 4 (1 agosto 1996): 783. http://dx.doi.org/10.29173/alr1073.
Testo completoAbstract (sommario):
This article begins by discussing the history of the enforcement remedies possessed by creditors against debtor's goods in Alberta. The author examines the new Personal Property Security Act legislation and the more recent Civil Enforcement Act. He outlines the objectives of such legislation and the competing policy concerns that need to be considered when such legislation is drafted. The article concludes by assessing the approach taken in relation to the four rudimentary elements of an enforcement system: seizure, sale, restrictions of enforcement, and judicial intervention.
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Kryla-Cudna, Katarzyna. "ADEQUATE ASSURANCE OF PERFORMANCE UNDER THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNIFORM COMMERCIAL CODE". International and Comparative Law Quarterly 70, n. 4 (ottobre 2021): 935–60. http://dx.doi.org/10.1017/s0020589321000300.
Testo completoAbstract (sommario):
AbstractThis article compares and contrasts the doctrine of adequate assurance of performance under the US Uniform Commercial Code (the UCC) and the UN Convention on Contracts for the International Sale of Goods (the CISG). The article argues that, in the context of the CISG, the mechanism of adequate assurance found in the UCC is a faux ami. Despite some similarities, the doctrine of adequate assurance regulated in the CISG is distinct and serves different functions to its UCC counterpart.