Introduction to International Commercial and European Law

2015
Mosselman M.W.

This book covers the most important legal issues when conducting business abroad.
 
The first part covers European law with a focus on the institutions of the European Union, the four freedoms and competition law.
 
The second part focuses on individual international contracts. This part starts with the legal environment of the business transaction. The political and policy risks of doing business abroad are explained, as well as how they should be addressed. It continues with entry strategies in foreign markets and then goes on to focus on the individual contract of sale. A wide range of subjects are covered, including general conditions of sale, retention of title, the CISG, product safety and product liability, Incoterms, contract of carriage, jurisdiction, choice of law and arbitration, standard contract clauses and payment conditions.
 
This book takes a practical approach and contains examples and exercises. The book does not pretend to be the ultimate guide: the field of international commercial law in particular is vast, and has many different angels. However, it does try to explain the main pitfalls of doing business in foreign countries and how to avoid them.
 
Additional information about the book can be found on: www.iclandeulaw.com.



 

59

Beschikbaar
Auteurs
Auteurs : Mosselman M.W.
Domein : Recht
Bestelcode : 202154101
Jaar : 2015
Type : Boek
Aantal pagina's : 524
ISBN : 9789462510654

Table of Contents
Preface

Chapter 1
INTRODUCTION 1

Part 1. Risks related to the environment of the transaction
1.1 Risks in international trade
1.2 Credit insurance
1.3 Features of credit insurance
Part 2. International contract of sale


Chapter 2
EUROPEAN LAW

2.1 Introduction
2.2 Institutions of the EU
2.3 Other international courts
2.4 European legislation 62
2.5 Multiple choice
2.6 Cases 78


Chapter 3
EUROPEAN LAW: THE FOUR FREEDOMS

3.1 Introduction
3.2 The free movement of goods, Articles 28, 34-36 and 110 TFEU
3.3 The free movement of persons, Articles 45-55 TFEU
3.4 The free movement of services, Articles 56-62 TFEU
3.5 The free movement of capital, Articles 63-66 TFEU
3.6 Multiple choice
3.7 Cases


Chapter 4
COMPETITION LAW

4.1 Introduction
4.2 Agreements distorting, preventing or restricting competition, Article 101 TFEU
4.3 Abuse of dominant position, Article 102 TFEU
4.4 Merger control
4.5 State aid, Article 107 TFEU
4.6 Multiple choice
4.7 Cases


Chapter 5
ENTRY STRATEGIES

5.1 Introduction
5.2 Agent
5.3 Distribution agreement
5.4 Multiple choice
5.5 Cases


Chapter 6
GENERAL CONDITIONS OF SALE
6.1 Introduction
6.2 Whether GCS apply to the contract
6.3 Which GCS apply to a contract
6.4 Multiple choice
6.5 Cases


Chapter 7
RETENTION OF TITLE

7.1 Introduction
7.2 Simple retention of title clause
7.3 All monies or all sums retention of title
7.4 Extended retention of title
7.5 Multiple choice
7.6 Cases


Chapter 8
THE INTERNATIONAL SALE OF GOODS 265

8.1 Introduction
8.2 Content of CISG
8.3 Committing a breach of contract
8.4 Multiple choice
8.5 Cases


Chapter 9
PRODUCT SAFETY AND PRODUCT LIABILITY

9.1 Product recall
9.2 Product liability
9.3 Multiple choice
9.4 Cases


Chapter 10
INCOTERMS

10.1 Introduction: Incoterms 2010
10.2 EXW: Ex Works
10.3 F-terms
10.4 C-terms
10.5 D-terms
10.6 Free on Board (FOB) and Cost, Insurance and Freight (CIF)
10.7 Multiple choice
10.8 Cases


Chapter 11
CONTRACT OF CARRIAGE
11.1 Introduction
11.2 General principles of contract of carriage
11.3 Sea carriage
11.4 Air carriage
11.5 Road carriage
11.6 Multiple choice
11.7 Cases


Chapter 12
JURISDICTION AND ARBITRATION

12.1 Introduction
12.2 Scope Article 1 Brussels I recast
12.3 Rules on jurisdiction
12.4 Deviation from the general rule
12.5 To execute a court judgment in another country
12.6 Multiple choice
12.7 Cases


Chapter 13
APPLICABLE LAW

13.1 Introduction
13.2 Scope Rome I
13.3 Law applicable to a tort or other non-contractual obligations (Rome II)
13.4 Multiple choice
13.5 Cases 454
13.6 Multiple choice integrating Chapters 8, 12 and 13
13.7 Cases integrating Chapters 8, 12 and 13


Chapter 14
STANDARD CONTRACT CLAUSES 469

14.1 An entire agreement clause
14.2 Force majeure and frustration
14.3 Severability clause
14.4 No assignment clause
14.5 Multiple choice
14.6 Cases


Chapter 15
PAYMENT CONDITIONS

15.1 Introduction
15.2 Payment in advance
15.3 Payment in open account
15.4 Cheque
15.5 Bill of exchange
15.6 Letter of credit or Documentary Collection
15.7 Standard forms of documentation 
15.8 Kinds of letters of credit
15.9 Common defects in letter of credit documentation
15.10 Risks using letter of credit 490
15.11 Documentary Collection
15.12 Multiple choice
15.13 Cases


Jurisprudence

This book covers the most important legal issues when conducting business abroad.
 
The first part covers European law with a focus on the institutions of the European Union, the four freedoms and competition law.
 
The second part focuses on individual international contracts. This part starts with the legal environment of the business transaction. The political and policy risks of doing business abroad are explained, as well as how they should be addressed. It continues with entry strategies in foreign markets and then goes on to focus on the individual contract of sale. A wide range of subjects are covered, including general conditions of sale, retention of title, the CISG, product safety and product liability, Incoterms, contract of carriage, jurisdiction, choice of law and arbitration, standard contract clauses and payment conditions.
 
This book takes a practical approach and contains examples and exercises. The book does not pretend to be the ultimate guide: the field of international commercial law in particular is vast, and has many different angels. However, it does try to explain the main pitfalls of doing business in foreign countries and how to avoid them.
 
Additional information about the book can be found on: www.iclandeulaw.com.



 

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