Browsing by Subject "German law"

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    A comparison of the remedies under the CISG and German law and the effect of the directive 1999/44/EC on German sales law
    (2010) Fritzsche, Katja ; Kruger, Thalia
    Today's economic developments which lead to more and more international trade relations and globalisation underline the importance and need of regulations in this field. The belief that there should be a consistent and universal form of international mercantile law which is based upon common sense and common legal principles led to the development of the United Nations Convention on Contracts for the International Sale of Goods (CISG). 1 The CISG was adopted by a diplomatic conference on 11 April 19802 , entered into force on 1 January 19883 and has been accepted by 7 4 different states till today. 4 It provides essential rules for the sale of goods and a regulation of issues of contract law. 5 It has to be mentioned that, in contrast to the BGB, the CISG does not apply to items, bought for personal household use, properties and ships as well as to stocks, shares, money, liquids, gas, rights and other items, for example, electricity and intellectual property rights (Article 2 CISG).
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    Open Access
    A comparison of the Remedies under the CISG and German law and the effect of the Directive 1999/44/EC on German sales law
    (2010) Fritzsche, Katja; Kruger, Thalia
    Today's economic developments which lead to more and more international trade relations and globalisation underline the importance and need of regulations in this field. The belief that there should be a consistent and universal form of international mercantile law which is based upon common sense and common legal principles led to the development of the United Nations Convention on Contracts for the International Sale of Goods (CISG).1 The CISG was adopted by a diplomatic conference on 11 April 19802 , entered into force on 1 January 19883 and has been accepted by 7 4 different states till today.4 It provides essential rules for the sale of goods and a regulation of issues of contract law. 5 It has to be mentioned that, in contrast to the BGB, the CISG does not apply to items, bought for personal household use, properties and ships as well as to stocks, shares, money, liquids, gas, rights and other items, for example, electricity and intellectual property rights (Article 2 CISG).
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    Open Access
    Liability for animals a comparative study: South African and German law
    (2000) Muller, Stephanie; Fagan, Anton
    The field of' Liability for Animals' appears at first sight to be only of minor interest to academics. This, however, is a false syllogism as incidents involving animals are frequent, and courts constantly deal with claims regarding damages for injuries caused by animals. Indeed in many countries the law of animals forms a special subject. With respect to English law for instance Lord Simonds, using the metaphor of a train, remarked that the Common Law of torts has developed historically in separate compartments and that beasts have travelled in a compartment of their own. 1 However, it is also true, that within this "tort-train" a few animals lurking in the other compartments marked 'Negligence or Nuisance' may also be found.
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    Negligently inflicted pure economic loss in the case of defective buildings a comparison of South African, English and German law
    (2000) Hartmann, Wolf; Huchtison, Dale
    The problem of liability for negligently inflicted pure economic loss appears in many fields of civil liability. Of course this debate does not stop in case of defective buildings after the negligent conduct of a builder or an inspector. The ultimate purchaser of a building or a third party may suffer damage to his person, property or purse through a product that is defective or even through one that is not. He will demand legal redress, and solutions in determining under what conditions it should be successful need to be found. In this context the individual's interest must outweigh the socio-economic utility of damage producing activity, the ensuing liability must be constructed so that it affords adequate protection without stifling beneficial industrial progress.