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Questions Q 55-1 Under what circumstances does Art. 55 CISG apply? Q 55-2 a) Divide the corresponding provisions from the other legal systems into two groups, a rather liberal group which allows for a contract where the contract price has not been determined, and a group representing a rather narrow interpretation. b) Where, on a scale from very strict to flexible provisions, would you place Art. 55 CISG? Q 55-3 a) Sometimes, courts or tribunals try to determine a missing price with a view to ‘saving’ the contract or rendering it effective. Under which circumstances will there definitely be no contract under the CISG, notwithstanding the possibility provided by Art. 55? b) In which of the provisions from other legal systems stated above is this legal position made particularly clear? Q 55-4 a) How is the missing contract price to be determined under Art. 55 CISG? b) To what do the other legal provisions refer? c) On the determination of the sales price, read, in particular, Art. 57 ULIS. What changes have been made in Art. 55 CISG? Is there another domestic sales law provision providing for a similar solution to Art. 57 ULIS? Is there still a difference between Art. 57 ULIS and that other domestic rule? d) Do you regard Art. 55 CISG as giving quite clear instructions on how to establish the missing purchase price? Cf. with Art. 5.7 UP 2004, Art. 6:104 PECL. Q 55-5 What happens if there is no contract price ascertainable?
DOI link for Questions Q 55-1 Under what circumstances does Art. 55 CISG apply? Q 55-2 a) Divide the corresponding provisions from the other legal systems into two groups, a rather liberal group which allows for a contract where the contract price has not been determined, and a group representing a rather narrow interpretation. b) Where, on a scale from very strict to flexible provisions, would you place Art. 55 CISG? Q 55-3 a) Sometimes, courts or tribunals try to determine a missing price with a view to ‘saving’ the contract or rendering it effective. Under which circumstances will there definitely be no contract under the CISG, notwithstanding the possibility provided by Art. 55? b) In which of the provisions from other legal systems stated above is this legal position made particularly clear? Q 55-4 a) How is the missing contract price to be determined under Art. 55 CISG? b) To what do the other legal provisions refer? c) On the determination of the sales price, read, in particular, Art. 57 ULIS. What changes have been made in Art. 55 CISG? Is there another domestic sales law provision providing for a similar solution to Art. 57 ULIS? Is there still a difference between Art. 57 ULIS and that other domestic rule? d) Do you regard Art. 55 CISG as giving quite clear instructions on how to establish the missing purchase price? Cf. with Art. 5.7 UP 2004, Art. 6:104 PECL. Q 55-5 What happens if there is no contract price ascertainable?
Questions Q 55-1 Under what circumstances does Art. 55 CISG apply? Q 55-2 a) Divide the corresponding provisions from the other legal systems into two groups, a rather liberal group which allows for a contract where the contract price has not been determined, and a group representing a rather narrow interpretation. b) Where, on a scale from very strict to flexible provisions, would you place Art. 55 CISG? Q 55-3 a) Sometimes, courts or tribunals try to determine a missing price with a view to ‘saving’ the contract or rendering it effective. Under which circumstances will there definitely be no contract under the CISG, notwithstanding the possibility provided by Art. 55? b) In which of the provisions from other legal systems stated above is this legal position made particularly clear? Q 55-4 a) How is the missing contract price to be determined under Art. 55 CISG? b) To what do the other legal provisions refer? c) On the determination of the sales price, read, in particular, Art. 57 ULIS. What changes have been made in Art. 55 CISG? Is there another domestic sales law provision providing for a similar solution to Art. 57 ULIS? Is there still a difference between Art. 57 ULIS and that other domestic rule? d) Do you regard Art. 55 CISG as giving quite clear instructions on how to establish the missing purchase price? Cf. with Art. 5.7 UP 2004, Art. 6:104 PECL. Q 55-5 What happens if there is no contract price ascertainable?
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