Introduction to International Commercial and European Law

A practical guide

Description

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.

About the author(s)

Mr. M.W. Mosselman has written two other legal text books:

 

 

Both are in Dutch.

Index

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

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ISBN: 9789462510654

Practice area: European law, Commercial law

Author: mr. M.W. Mosselman

Number of pages: 524

Release date: 21 mei 2015

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