Contract Formation under the CISG: Sufficient definiteness of an Offer

According to the CISG, a proposal which indicates the goods and expressly or implicitly fixes or makes provision for determining the quantity and the price is sufficiently definite. Yet, it is debated that, in practice, a proposal which only comprises of these terms is often incapable of giving rise to a valid offer where the time or place of delivery or even the type of packaging may be of significance for the subject matter agreement.

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Contract Formation under the CISG: Sufficient definiteness of an Offer

According to the CISG, a proposal which indicates the goods and expressly or implicitly fixes or makes provision for determining the quantity and the price is sufficiently definite. Yet, it is debated that, in practice, a proposal which only comprises of these terms is often incapable of giving rise to a valid offer where the time or place of delivery or even the type of packaging may be of significance for the subject matter agreement.

When does an electronically transmitted offer become effective: Perspectives of the CISG and Turkish Law

Where the addressee has expressed somehow that it is willing to receive electronic communications; then the message is deemed to be “reached” when it enters the information system of the addressee. If the addressee has not expressed such intention, then, additionally, the offeree has to become aware of the massage. Can the CISG cope with… Continue reading When does an electronically transmitted offer become effective: Perspectives of the CISG and Turkish Law

The CISG: What Differentiates a Valid and Binding Offer from a Mere Proposal?

According to the offer and acceptance model of contract formation, an offer constitutes the starting point in the contract formation process.Following the manifestation of an offer, a contract is concluded when it is reciprocated with an acceptance by the offeree. Although the general outline is as simple as that, there are certain vital questions that… Continue reading The CISG: What Differentiates a Valid and Binding Offer from a Mere Proposal?

Turkish International Family Law: Accession to the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007)

Turkish government has introduced a bill numbered 1/698 and dated 01.04.2016 concerning Turkey’s accession to the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (“Hague Convention”), signed by the Prime Minister and all ministers. At the moment, the government bill has been referred to… Continue reading Turkish International Family Law: Accession to the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007)

Turkish International Family Law: Accession to Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children

Turkish government has introduced a bill numbered 1/697 and dated 30.03.2016 concerning Turkey’s accession to the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children of 1996 (“Hague Convention”), signed by the Prime Minister and all ministers. At the moment, the government… Continue reading Turkish International Family Law: Accession to Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children

The CISG: Could the parties conclude a contract outside the scope of the traditional “offer and acceptance” model?

All around the word, in most simple terms, a contract is defined as a legally binding agreement. There are various ways to conclude a legally binding agreement; the most common method is the “offer and acceptance” model which is also adopted by the CISG and Turkish Contract Law. UNIDROIT Principles of International Commercial Contracts (“PICC”)… Continue reading The CISG: Could the parties conclude a contract outside the scope of the traditional “offer and acceptance” model?

Modern International Trade and the Significance of the CISG

Today, unifying of business laws on a transnational level has become an essential necessity rather than a mere objective when due regard is given to the immense growth in the international business transactions, with players spread all around the world. Just to illustrate the enormity of the increase in the volume of international dealings; one… Continue reading Modern International Trade and the Significance of the CISG

Overview of the Contract Formation Regime under the CISG

It is well-worthy to examine the contract formation regime under the CISG, where a middle way between the common and civil law traditions was sought in order to achieve a system that is acceptable, efficient and suitable for the Convention’s beneficiaries, i.e. Parties to a contract which is governed by the CISG; taking into consideration… Continue reading Overview of the Contract Formation Regime under the CISG

Ministry of Justice Has Published the New Communiqué on International Arbitration Fee Tariffs

15th Edition of the Communiqué on International Arbitration Fee Tariffs has been published in the Official Gazette on 08.03.2016. Started to be published in 2001 on an annual basis, the Communique seems to reflect an identical outlook with the preceding edition. The new Communiqué, which determines arbitrators’ fees, is applicable where:   The parties and… Continue reading Ministry of Justice Has Published the New Communiqué on International Arbitration Fee Tariffs