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Толкование договора международной купли-продажи товаров по американскому праву

Толкование договора международной купли-продажи товаров по американскому праву

Abstract

While concluding a contract for international sale of goods, the parties thereto may choose American law to be applicable to the contract. The circumstances under which American law may be chosen according to American conflict of law rules are examined by the author. In case of disagreement between the parties regarding the meaning of the provisions of the contract, the construction of the contract may be required to clarify the contract terms. The purpose of the present article is to highlight the particularities of American law, which could face the Russian partner, in case of disagreement between the parties on how the contract is to be construed. The article concerns the issue of applicability under American law of the terms and conditions on which the parties agreed before the conclusion of the contract, and which contradict or amend the existing contract. The author of the article examined the concept of a waiver and in which form it may be done, if a contract for international sale of goods is concluded with Russian partner.

Keywords

ДОГОВОР МЕЖДУНАРОДНОЙ КУПЛИ-ПРОДАЖИ ТОВАРОВ,АМЕРИКАНСКИЕ КОЛЛИЗИОННЫЕ НОРМЫ,ТОЛКОВАНИЕ ДОГОВОРА КУПЛИ-ПРОДАЖИ ПО АМЕРИКАНСКОМУ ПРАВУ,ПРАВИЛО УСТНОГО СВИДЕТЕЛЬСТВОВАНИЯ,ОТКАЗ ОТ ПРАВ,ЗАКРЕПЛЕННЫХ В ДОГОВОРЕ

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold