Advantages And Disadvantages Of Feminised Labour - consider
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ADVANTAGES AND DISADVANTAGES OF CISG
There are various advantages which the CISG offers as a convention to trader and the lawyer. One of the essential features of CISG is its clarity, practicality and simplicity. It is easy for businessmen to understand as it does not include any legal shorthand or complicated legal theory. As on today, 79 countries are signatories of CISG. A phenomenal amount of work, time and scholarship has gone into making of CISG.
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It is fair and does not favour the buyer at the expense of the seller or vice versa, and thus parties have equal bargaining. Hence, the selection of CISG can be viewed Disadvsntages a neutral, constructive and even-handed approach. CISG recognises that parties to an international sales contract may want to exercise broad contractual freedom. Article 6 enables the parties to exclude the application of CISG and to vary or derogate from the effect of any of its articles.
It takes into consideration modern trade practices and realities.
CISG helps in the promotion of international trade by removing a substantial barrier of diverse legal frameworks. Most sales contracts are incomplete as every sort of contingency can never be covered. Hence gaps are created in them. These default rules intend to ensure a uniform standard of treatment to a particular problem which may arise in international sales contracts. CISG is applicable to transactions which constitute a large portion of international business Disadvantage.
It does not favour a civil law approach over the common law approach to the problems related to the dealings between parties or vice versa. Rather, it aims is to find a compromise between the two.
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It contains useful provisions on practical problems such as requiring the parties to preserve the goods in their possession belonging to other party. Legal uncertainty would be caused by the introduction of a new set of rules regarding international sale. The convention is nothing but a set of broadly formulated rules which contains many new and undefined terms which will have to be developed by arbitral tribunals and courts having no hierarchy and thus no principle of stare decisis. This will lead to legal uncertainty. CISG introduces foreign solutions to problems whose solutions were well known in the domestic legal systems. Thus, it is a futile instrument. The convention evades many real issues and blunts the solutions and thus is in a way compromise character. The legislative measures are not most suitable means to create the legal unification or solve problems created by the diverse Advantages And Disadvantages Of Feminised Labour and conflict issues.
CISG has robbed the international sales law of its flexibility and has fossilized it in a code which will be almost impossible to change. Due to diverse tradition and interpretational approaches the integrity of the convention is threatened.
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CISG is not comprehensive. It does not relate to the validity of a contract. Also CISG uses imprecise language for common law lawyers. Courts of different nations, partly due to inaccurate language, have interpreted provisions of CISG inconsistently, which has further hindered the object of simplification and uniformity.
Another disadvantage is that CISG makes compromises conceptually and linguistically to accommodate the conflicting demands of the civil law and the common law, leading to lack of clarity.]
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