The Harmonisation of the International Sale of Goods through Principles of Law and Uniform Rules
This book describes how the international sales of goods have generally been ruled by either English Law or Civil Law, which has often posed problems due to different approaches regarding certain principles and institutions. It clarifies how the Vienna Convention on Contracts for the International Sale of Goods of 11th April, 1980, tried to harmonise these differences with a codification technique, typical of civil law, giving privilege to rules of civil law most of the time, but also introducing institutions from common law, that are not incompatible with civil law.
It explains why the general principles of civil law and of UNIDROIT help with this goal of harmonisation, integrating the loopholes of the UN Convention on Contracts for the International Sale of Goods (CISG) during its interpretation. The work demonstrates why codification prevails over common law in the CISG most of the time, giving certitude and sophistication to this matter, which is vital for global commerce.
Jorge Balmaceda has a PhD in Private Law from the University of Paris 1 Pantheon-Sorbonne, France, and a Master’s of Law in Advanced Litigation and Dispute Resolution from Nottingham Law School at Nottingham Trent University, UK. He has lectured private law for the past 20 years, and currently teaches at Mayor University and Bernardo O’Higgins University, Chile. He also practices law as a barrister in civil matters and commercial arbitration disputes, and is a member of the Association Henri Capitant des Amis de la Culture Juridique Française, the Chilean Association of Private International Law, and the Chilean Bar Association. He has published books and several articles on litigation risk management, commercial negotiation, and influence of the Napoleonic code on the Chilean civil code.
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