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Full-Text Articles in Contracts
The Application Of The United Nations Convention On Contracts For The International Sale Of Goods Uniformity Interpretation Principle In U.S., Yuqing Nie
Maurer Theses and Dissertations
The United Nations Convention on Contracts for the International Sale of Goods (hereinafter: CISG) plays an increasingly important role in international sale of goods. However, the CISG is not always correctly applied, especially one of its basic principles – the uniform interpretation principle stated in its Article 7(1), which is usually ignored or incorrectly applied in its contracting States.
The CISG requires high-level uniformity, which requires the CISG to be applied autonomously if there involves parties from two CISG contracting States and the contract governing the transaction has no clause specifying other law as the governing law. Additionally, the CISG …
Licenses And The Property/Contract Interface, Christina M. Mulligan
Licenses And The Property/Contract Interface, Christina M. Mulligan
Indiana Law Journal
INTRODUCTION
I. THE ROLE OF FORMAL CATEGORIES
II. THE COMPOUND-PAUCITAL LICENSE
A. IDIOSYNCRASY AND INFORMATION ASYMMETRIES
B. REGULATING LICENSES
1. THE NOTICE STRATEGY
2. THE PROTECTION STRATEGY
III. RESTRAINTS ON ALIENATION AND USE
A. HARMS CAUSED BY RESTRAINTS ON ALIENATION AND USE
1. INCREASED INFORMATION COSTS
2.WASTE
B. LIMITING HARM WITH PROTECTIVE STANDARDIZATION
1. THE LICENSE V. SALE DISTINCTION IN PRACTICE
2.WHAT IS A DIGITAL SALE?
3. FAVORING SALES WITHOUT LOSING FLEXIBILITY
C. DISTINGUISHING BETWEEN IN REM AND IN PERSONAM LICENSE TERMS
IV. LICENSE REVOCATION
A. TIMING REVOCATION
B. BENEFITS AND CONCERNS
1.MANAGING SHARED RESOURCES VS. UPSET RELIANCE INTERESTS
2. …