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Relevant bibliographies by topics / Vienna convention for the international sale of goods

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Academic literature on the topic 'Vienna convention for the international sale of goods'

Author: Grafiati

Published: 4 June 2021

Last updated: 16 February 2022

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Journal articles on the topic "Vienna convention for the international sale of goods"

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Berlingher, Daniel. "The Effects of the International Contract for Sale of Goods." Journal of Legal Studies 19, no. 33 (June 1, 2017): 96–109. http://dx.doi.org/10.1515/jles-2017-0007.

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Abstract The contracts are the indispensable legal instruments for any economic transaction. The international sale contract is the main legal instrument by which international commerce is carried out and through which the movement of goods from producer to consumer is ensured within cross-border relations. The sale contract in international commerce is the legal act by which the parties, the seller and the buyer, belonging to different states, commit each other to transfer the property of a good in return for payment of a price. Regarding the general rules applicable to the contract of international sale of goods, they are regulated by the “United Nations Convention on Contracts for the International Sale of Goods from Vienna”. The Convention has adopted uniform rules to govern the international sale of goods contract, if the parties have not chosen expressly for the application of other rules. In this study I present the effects of international sale of goods in the light of the rules of the Vienna Convention of 1980.

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Tomić, Ljubica. "Negotiations and contract for the international sale of goods." Revija Kopaonicke skole prirodnog prava 3, no. 1 (2021): 33–47. http://dx.doi.org/10.5937/rkspp2101033t.

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Negotiations that precede the conclusion of a contract for the international sale of goods may influence the legal interpretation of that contract, subsequent to its conclusion, on the one hand but can also, on the other hand, provoke the liability of the negotiating parties for termination of negotiations related to the international sale of goods. Applicable law to the liability of negotiators for the commencement, conducting and termination of negotiations is the law determined by virtue of the rules of private international law or the law agreed upon between the negotiators. The Vienna Convention (CISG) is generally not applicable to this phase. For the sake of predictability of the legal consequences of termination of negotiations, especially in the case of complex, high-value business deals and long-lasting negotiations on the international sale of goods, it is recommended that negotiators determine the law applicable to their negotiations. The choice of the law applicable to the contract for the international sale of goods implies the choice of rules for the interpretation of that contract. Rules for the interpretation of the contract for the international sale of goods might give due consideration to prior negotiations, in determining the intent of a party, especially in countries of civil law tradition and in cases where the Vienna Convention is applicable.

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Slakoper, Zvonimir, and Josip Dešić. "Jednostrani raskid kupoprodajnog ugovora poslije dospijeća obveza strana prema Konvenciji UN o međunarodnoj prodaji robe." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, no. 1 (2020): 195–217. http://dx.doi.org/10.30925/zpfsr.41.1.9.

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The paper deals with avoidance of a contract of sale after the maturity of the parties' obligations under the UN Convention on the International Sale of Goods (The Vienna Convention). The Vienna Convention is a multilateral treaty establishing a unified legal regime for cross-border sales of goods, which form the backbone of international trade. The Vienna Convention is therefore considered to be one of the fundamental conventions of international commercial law, that is in force in 93 countries from all legal traditions and levels of economic development, which together represent more than two thirds of the global economy, which has greatly contributed to the harmonization of international trade law and the increase degree of legal certainty in international trade. In an effort to be acceptable to different legal systems, the Vienna Convention has largely deviated from the solutions of national rights and legal circles and created autonomous concepts and solutions. Special creative solutions were foreseen for the avoidance of the contract. The paper specifically analyzes avoidance in case of fundamental breach of contract, avoidance in case of the failure to comply with the additional deadline, avoidance in case of non-compliance, as well as avoidance because of the rights or claims of third parties. Particular attention is paid to complete and partial avoidance and avoidance in successive deliveries.

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Germain, Claire M. "The United Nations Convention on Contracts for the International Sale of Goods: Guide to Research and Literature." International Journal of Legal Information 24, no. 1 (1996): 48–70. http://dx.doi.org/10.1017/s0731126500000068.

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On January 1, 1988, the United Nations Convention on Contracts for the International Sale of Goods (the Convention) became effective in the United States. In general, the Convention (also referred to as the “Vienna Sales Convention,” the “Sales Convention,” the “CISG,” or the “UN Convention”) applies to contracts for the sale of goods between enterprises having their places of business in different countries, provided these countries have adopted the Convention. Freedom of contract, however, is a fundamental principle of the Convention, and the parties may opt out or modify the effects of its provisions.

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GARDAZI, SYED MUDASSER FIDA, MUHAMMAD ASIM IQBAL, and HAFIZ MUHAMMAD USMAN NAWAZ. "Price Reduction in Vienna Sales Convention and Compatibility Check in Sale of Goods Act of Pakistan." International Review of Management and Business Research 10, no. 1 (March 7, 2021): 367–74. http://dx.doi.org/10.30543/10-1(2021)-32.

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Price reduction is one of the civil law remedies incorporated in the Vienna sales convention. On the other hand, Pakistan is neither the signatory of the convention nor its national sales law posses this remedy. Therefore a research is highly required to fill this vacuum and find out a solution for international buyer who is involved in trade with parties in Pakistan. Thus the study aims to investigate the suitability of price reduction in compatibility with existing legal regime. The study reveals the raison d'être in contract making via relative analysis of the existence of price reduction as an assurance for performance and certainty. The results depict that adding price reduction as remedy will be a good legal cover to the buyer's claims and a better response to the business practices in Pakistan. Especially, where the buyer is facing difficulties to prove his loss he may simply opt to reduce the price. Hence, study recommends that introducing the 'price reduction' as a remedy in the local legal system will enhance the confidence of a commercial buyer from the international community. Keywords: Sale of Goods, CISG, Price Reduction, Remedy.

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Mahasneh, Nisreen S. "Liability Exemption for Failure to Perform under both the Vienna Convention for International Sale of Goods 1980 and Islamic Jurisprudence." Arab Law Quarterly 24, no. 1 (2010): 73–103. http://dx.doi.org/10.1163/157302510x12607945807278.

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This paper discusses the concept of liability exemption and its conditions under the Vienna Convention for International Sale of Goods 1980 as compared with Islamic Juris-prudence. Also discussed are other related issues, such as liability exemption involving a third party, partial impediment and temporary impediment. It appears that the Convention deals with the legal consequences of liability exemption in a way distinct from all other systems, including the Islamic Jurisprudence, in the sense that it keeps the contract in force and only prevents damages. However, the conditions for an impediment under the Convention closely resemble those in Islamic Jurisprudence.

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Ndulo, Muna. "The Vienna Sales Convention 1980 and the Hague Uniform Laws on International Sale of Goods 1964: A Comparative Analysis." International and Comparative Law Quarterly 38, no. 1 (January 1989): 1–25. http://dx.doi.org/10.1093/iclqaj/38.1.1.

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Samson, Claude. "La Convention des Nations Unies sur les contrats de vente internationale de marchandises : Étude comparative des dispositions de la Convention et des règles de droit québécois en la matière." Les Cahiers de droit 23, no. 4 (April 12, 2005): 919–1008. http://dx.doi.org/10.7202/042521ar.

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On April 11, 1980, the U.N. Diplomatic Conference held in Vienna approved the Convention on contracts for the International Sale of Goods. This paper deals with the most interesting aspects of the Convention, comparing them with the rules of the Civil Code and the Draft Civil Code of Quebec on this matter. The provisions of this international uniform law are quite close to the rules and remedies existing in civil law juridictions. The major differences between the Convention and the Quebec Law are more technical than substantial. The differences between the uniform law and the national law can also be explained by particular circumstances of international trade which require more celerity and security in the field of international business transactions.

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Alimova, Ya O. "POTENTIAL UNIFICATION IN THE FIELD OF CROSS-BORDER CONTRACTUAL RELATIONS IN THE BRICS COUNTRIES." Lex Russica, no. 11 (November 22, 2019): 9–17. http://dx.doi.org/10.17803/1729-5920.2019.156.11.009-017.

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The article is devoted to the peculiarities of regulation of cross-border contractual relations that are being developed within the BRICS countries in compliance with universal international treaties. The author has outlined the prospects and problems with which traders from BRICS countries are facing when concluding contracts. International treaties, which contain, above all, uniform substantive rules, play a great role in concluding cross-border contracts. However, all the BRICS countries are member-states to very few treaties. The author of the article has revealed that such conventions still exist, although not only in the contractual field. The article pays special attention to the peculiarities of application of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, the Cape Town Convention on International Interests in Mobile Equipment of 2001 and, indeed, the Vienna Convention on Contracts for the International Sale of Goods of 1980 (although only three BRICS countries are involved, it can also be applied to India and South Africa).

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Stagl, Jakob Fortunat. "A flight to Rome: Ernst Rabel's intellectual itinerary." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 79, no. 3-4 (2011): 533–52. http://dx.doi.org/10.1163/157181911x596420.

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AbstractHow can one explain that Ernst Rabel (1874–1951), born in Vienna, with Jewish roots, became the architect of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and one of the foremost authorities ever on Private International Law? Was this a mere coincidence or was his method of looking for similarities in the law of di erent nations rather than looking for its disparities the product of an universalism rooted in the example of the Roman Empire and its law and the experience of the multiethnic Empire of the Hapsburgs?

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Dissertations / Theses on the topic "Vienna convention for the international sale of goods"

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Oloumi-Yazdi, Hamid Reza. "Delivery of international sales of goods- an analytical study of Iranian law and the Vienna Sale Convention." Thesis, University of Exeter, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.263235.

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Lamaud, Emmanuel. "Comparison Between the Central List and The Vienna Convention For The International Sale of Goods Specific Topics." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4650.

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A comparative study between the Central list and the Vienna Convention would constitute a useful basis for the interpretation of the Convention in those cases where a uniform interpretation cannot be reached. For the purpose of this topic, the study shall be limited to some specific topics of commercial contracts that are important, in particular in regard to the difficulty of interpretation they represent for the CISG. Accordingly, this dissertation is to be divided into five parts. In the first part the TLDB Principle on good faith is compared with CISG counterpart article 7(1). In the second part, the TLDB Principle on fundamental non-performance is compared with article 25 CISG on fundamental breach of contract. In the third part, the TLDB principles dealing with Force majeure and Hardship are compared with article 79 CISG on Exemption. The fourth part is focused on the specific topic of price determination and the comparison between TLDB Principle IV.5 and Arts. 14(1) and 55 CISG. The fifth and final part deals with damages and the comparison between TLDB Principle VI.1 and article 74 CISG.

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Mahasneh, Nisreen. "The seller's obligation of delivery and conformity under a contract for sale of goods : the approaches of both English law and the Vienna Convention on Contracts for the International Sale of Goods 1980." Thesis, University of Aberdeen, 2001. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=166212.

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This thesis examines the seller's obligations of both delivery and conformity under a contract of sale. In this context, the related rules under both English law (represented by the Sale of Goods Act 1979) and the Vienna Convention on Contracts for the International Sale of Goods 1980 have been explored and compared with each other. It was initially necessary to indicate the importance of the Vienna Convention as a model for unifying the law of international trade. As well as indicating potential reasons as to why the UK is unconvinced that it should become a member of the Convention, as well as briefly examining the previous efforts that led to the conclusion of the Convention. While delivery is not defined under the Convention, the SGA considers it a voluntary transfer of possession. Moreover, delivery under English law takes place independently from the transferral of ownership. The matter of transferring the ownership in the goods is not however, dealt with under the Convention, and should be solved by reference to private international law. According to English law the delivery goods must meet the description in sale by description, correspond with the sample in sale by sample, and in all cases be of a satisfactory quality. The goods must meet a particular purpose where some conditions are met, as well as having to be in the right quantity. Art 35 of the Vienna Convention is considered a counterpart of the said rules. Should the seller however, attempt to exclude his liability regarding the said implied terms, such an attempt is subject to the UCTA 1977 and the Unfair Terms in Consumer Contracts Regulations, 1999. In another respect, delivery of the goods may take place actually or constructively, such as delivery by documents, or delivery through a carrier. Furthermore, there are particular rules that control the process of delivery, such as time, place and expenses connected with delivery. Obviously, the intention of the parties plays the essential role in determining these matters. One of the most important issues is the legal effect of the seller's breach of his obligation of conformity or delivery. Here, the buyer is entitled to a wide range of remedies, such as rejection of the goods and avoiding the contract of sale, specific performance, reduction of the price, or damages. The approaches here of both English law and the Convention are distinct in relation to some particular remedies, such as specific performance and reduction of the price.

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Ghith, Aburima Abdullah. "The legal remedies of the buyer under the Vienna Convention on the contract of international sale of goods with specific reference to English law and Libyan law." Thesis, Glasgow Caledonian University, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.298760.

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Ngo, Koy Hermine Odette. "La Convention de Vienne du 11 avril 1980 et la méthode conflictualiste." Thesis, Nice, 2014. http://www.theses.fr/2014NICE0015.

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L’élaboration d’un droit international à vocation mondiale n’est pas une entreprise aisée. Après l’échec des Conventions de la Haye de 1964, la Convention de Vienne du 11avril 1980 applicable à la vente internationale de marchandises érige un droit uniforme de la vente applicable à l’échelle mondiale et adapté aux besoins du commerce international. Œuvre de compromis, cette Convention apporte des améliorations aux lacunes des Conventions de la Haye dont elle s’inspire. Elle met en place un droit international de la vente basé sur la recherche du compromis, de la souplesse, de la clarté et de la justice contractuelle. Néanmoins, en dépit de ses améliorations, elle reste elle-même une œuvre lacunaire dont le succès est cependant indéniable. L’étude des rapports qu’elle entretient avec la méthode conflictualiste permet de comprendre les raisons de ce succès. Comportant des normes tout aussi bien issues de la pratique que des différentes traditions juridiques et économiques, notre étude met en lumière l’incomplétude de la CVIM et sa dépendance vis-à vis des règles du droit international privé. Elle met en relief la place de la règle de conflit de lois dans le comblement des lacunes tant internes qu’externes de la CVIM et apporte la confirmation qu’aucun droit international ne peut être effectif sans le concours des règles du droit international privé. Règles qui, sous la pression de la mondialisation et de la puissance de plus en plus croissante des pouvoirs privés économiques sont amenées à évoluer pour mieux correspondre aux besoins du commerce international. Il apparaît dans cette perspective que, le succès de la CVIM, loin d’être uniquement attribué à l’unification des règles matérielles qu’elle opère, est le fruit des évolutions de la méthode conflictualiste. Celles-ci passent par l’affaiblissement de la règle de conflit de droit commun à travers sa subordination à la volonté des parties et aux usages du commerce international. A cela s’ajoute la multiplication des conventions d’unification des règles de conflit à caractère substantiel, la règlementation des conflits de procédures, l’assouplissement des conditions de circulation des jugements étrangers et le développement d’un droit international privé communautaire
On a world basis, the elaboration of an international law is not an easy task. After the failure of the HAGUE’s conventions on 1964, the Vienna’s Conventions of april 11th, 1980 applicable for the international sales of goods establishes a uniform law suitable for international sales and adapted to the needs of international trade. Born out of a compromise, this Convention brings out improvements to the lacunas within the Hague’s Conventions. The Conventions puts into place an international law of sales based on az quest for compromises, flexibility, clarity and contractual justice. Nevertheless, in spite of its improvements, it remains a lacuna’s work whose success is still undeniable. The study of reports undertaken with the conflicting methods allows us to understand the reasons of its success. Adapting of norms issued from practice as well as from legal and economic traditions, our study brings into light the incompleteness of the CISG and its dependence in regard to the private international laws. It demonstrate the place of the conflict of law in filling up the CISG’s internal and external lacunas and confirms that, no international law can be effective without the assistance of the private laws. Rules, that under the pressure of globalization and the increasing powers of the parties of international trade are brought to evolve to correspond better to the needs of international trade. It so appear that, the success of the CISG, far from solely attributed to its unification of material rules is the result of the evolution of the conflict of law. It passes through the weakening of the common conflict rule through its subordination to the will of parties and the use of international trade. One can add the multiplication of substantial’s conflict law, the regulation of procedure’s conflict, the softening of the recognition conditions of foreign judgments, and the development of communal international private law

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Ruangvichatron, Jumpita. "Breach of contract in international sale of goods : an evaluation of the 1980 Vienna Sales Convention and the 1994 UNIDROIT principles as compared with English law and the (US) Uniform Commercial Code." Thesis, University of Exeter, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.302569.

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Balmaceda, Jorge. "La vente de marchandises dans les systèmes de droit civil et de common law : une étude des droits anglais, chilien et français." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D041/document.

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La common law et le droit civil sont les principaux systèmes de droit dans le monde et la vente de marchandises est le contrat le plus important. La vente de marchandises a été soumise à la loi anglaise et au droit civil, indistinctement, ce qui a parfois posé des problèmes, suite à des approximations différentes en fonction de certains principes et institutions. La Convention de Vienne du 11 avril 1980 sur la vente internationale de marchandises a essayé d'harmoniser ces différences avec une technique codificatrice, typique du droit civil, en privilégiant des règles de droit civil le plus souvent, mais a aussi introduit des institutions de la common law, qui ne sont pas incompatibles avec le droit civil, comme nous le verrons. Les principes généraux du système de droit civil et les principes d'Unidroit aident à ce but d'harmonisation en intégrant les dispositions de la Convention de Vienne de 1980, et même, lors de la phase interprétative. La force de la codification s'impose par rapport à la common law, en donnant ainsi certitude et sophistication législative à ce sujet, dont l'importance est capitale pour le commerce mondial
Common Law and Civil Law are the main legal systems in the world and the sale of goods is the most important contract. Sales of goods have been ruled either by English Law or Civil Law, which has posed problems sometimes due to different approaches regarding certain principles and institutions. The 11th April 1980 Vienna Convention on international sale of goods tried to harmonise these differences with a codification technique, typical of Civil Law, giving privilege to rules of Civil Law most of the time but also introducing institutions from Common Law, that are not incompatible with Civil Law, as we will see. The general principles of Civil Law and Unidroit principles help with this harmonisation goal, integrating the rules of the CISG and also with the interpretation phase. The power of codification prevails over Common Law, giving certitude and sophistication to this matter, which is vital for global commerce

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Bertotti, Daniela. "A Convenção de Viena sobre contratos de compra e venda internacional de mercadorias e o papel do Estado no projeto de uniformização do Direito Privado Internacional." Pontifícia Universidade Católica de São Paulo, 2017. https://tede2.pucsp.br/handle/handle/19839.

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Fundação São Paulo - FUNDASP
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES
The present study aims at analyzing the United Nations Convention on Contracts for the International Sale of Goods (CISG) by examining most thoroughly the different interpretations of its text on the light of several western legal traditions. This analysis of the implications of such different interpretations will give rise to a discussion on the level of interpenetration among different legal systems. This, in turn, leads to an analysis of the impact of the conditions imposed by the Convention on its interpretation, which is considered a selfcontained autonomous ruling within the text of the Convention. As can be seen from a historical overview of the matter, the pursuit of unified regulations governing the international purchase and sale of goods is precisely the result of trade practices and of the consolidation of customary laws and principles. This thesis is thus based on the dynamics of this unifying process. The analysis will focus on its innovative feature of a consonant interpretation; an important structural element which may determine the success or failure of the text of the Convention when observed in different legal environments. It will be taken into consideration the role of the relation between governments and their institutions established with International Organizations, as well as that of the need for predictability when signing international agreements. Therefore, elements such as sovereignty and globalization are essential for a proper understanding of the impacts of this Convention in international law, namely, international trade laws
O objeto de estudo da tese ora apresentada versa sobre a Convenção de Viena sobre Compra e Venda Internacional de Mercadorias, conhecida pela sigla em inglês CISG. O escopo de análise visa enfoque especial na interpretação do texto convencional, tendo em vista as diversas tradições jurídicas ocidentais. Da análise das implicações acerca da interpretação, depreender-se-á o grau de interpenetração entre os sistemas jurídicos, analisando o impacto das condições de interpretação delimitada pela Convenção, considerada regramento autônomo e autocontido no texto convencional. A busca pela unificação de normas que disciplinem a relação de compra e venda internacional é vislumbrada no estudo da historiografia como um dado decorrente das próprias práticas comerciais e na consolidação de regras e princípios de caráter consuetudinário. A tese é estruturada com base na dinâmica da unificação acerca das normas a respeito do comércio internacional, consubstanciado o principal ponto de análise de sua inovação na interpretação uniforme como ponto importante para o sucesso ou o fracasso do texto convencional quando da sua aplicação dentro dos diversos ambientes jurisdicionais. Reputar-se-á como relevante o papel do Estado e das suas instituições na relação com as Organizações Internacionais e a necessidade da previsibilidade dentro das relações contratuais no campo internacional. Assim, elementos como soberania e globalização são necessários para a correta apreensão dos impactos de referida Convenção no campo do direito internacional, notadamente o direito do comércio internacional

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Vieira, Fabio Alonso. "O princípio da interpretação uniforme na Convenção de Viena sobre compra e venda internacional de mercadorias (1980): realidade, utopia e necessidade." Pontifícia Universidade Católica de São Paulo, 2017. https://tede2.pucsp.br/handle/handle/19831.

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This paper aims to demonstrate why the uniform application principle provided in CISG is, at the same time, real, utopic and necessary. Since the invasion of Rome by the barbarians there has not been a universal or uniform law, such as jus gentium. Thenceforth, in a legal pluralism environment, the world has been through moments of seeking for nationalism or the uniformization of the law. With the emergence of lex mercatoria and, more recently, with the advent of globalization, the world has become extremely dynamic and without barriers between the States. In this context, various schools of thought have risen advocating for a “global uniform Law” and, afterwards, given its impossibility, a uniform law for specific matters of substantive law. Then, the most successful uniform law of all times: CISG was drafted. Intending to be a uniform legal diploma, it is necessary for its provisions to be understood in a uniform manner. As the provided in article 7 of CISG. However, the interpretation of the provisions of the convention drawn up in a vague concept and in several official languages, ratified by States in different social, economic, political and religious backgrounds is a utopia. Although, this utopia is necessary to maintain limits and borders when the application of the legal provisions by the CISG interpreters. Without the established frame work by the utopic uniform interpretation, CISG would never reach its objectives and, most likely, would be dead
O presente trabalho tem por objetivo demonstrar que o princípio da interpretação uniforme inserido na CISG é, ao mesmo tempo, real, utópico e necessário. Desde a invasão de Roma pelos bárbaros não se tem mais um direito universal ou uniforme como o jus gentium. A partir daí, num ambiente de pluralismo jurídico, o mundo passou por momentos de busca pelo nacionalismo ou pela uniformização do direito. Com o surgimento da lex mercatoria e, mais recentemente, com o advento da globalização, o mundo tornou-se extremamente dinâmico e sem barreiras entre os Estados. Nesse contexto, surgem diversas correntes doutrinárias defendendo a tese de um “direito uniforme mundial” e, posteriormente, dada a sua impossibilidade, um direito uniforme para determinadas matérias do direito substantivo. É elaborada, então, a mais bem-sucedida lei uniforme de todos os tempos: a CISG. Para tentar ser um diploma uniforme, torna-se necessário que os seus dispositivos sejam interpretados de maneira uniforme. É o que dispõe o artigo 7 da CISG. Contudo, interpretar artigos da convenção redigida com conceitos vagos e em diversos idiomas oficiais, ratificada por Estados em diferentes momentos sociais, econômicos, políticos e religiosos é uma utopia. No entanto, essa utopia é necessária para manter limites e fronteiras quando da aplicação dos dispositivos legais pelos intérpretes da CISG. Sem essa moldura estabelecida pela utópica interpretação uniforme, a CISG jamais chegaria perto dos fins para os quais ela foi criada e, muito provavelmente, já estaria morta

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Nizami, Hassan. "An efficiency based resolution of contentious issues under the Convention on International Sale of Goods." Thesis, University of Warwick, 2015. http://wrap.warwick.ac.uk/81474/.

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Given the prominence of international trade in the globalized economy, large undesirable costs arise due to uncertainties in international transactions. The United Nations Convention on Contracts for the International Sales of Goods, Vienna, 1980 identifies some of these costs to be a product of separate legal rules on international trade, and recognizes the solution to lie in a unified statement of norms. Judicial experience with the Convention, however, has demonstrated that the existence of a unified statement of norms does not ensure uniform results. While the majority of the literature on the Convention takes a black letter law approach without examining the impact of varying interpretations on the end users of the Convention, this thesis argues that the provisions of the Convention, from the perspective of the parties, must operate to achieve the ends of efficiency. Absent the same, parties drafting a contract would opt out of the application of the default rules by including a provision in the contract governing the contingency. Such an outcome would in turn significantly increase transaction costs associated with contractual negotiating and drafting. This thesis concerns itself with six areas that have raised a great deal of disagreement amongst the scholarly and judicial community namely: The scope and role of the principle of good faith; the issues surrounding the inclusion of standard terms into the contracts of sale; the extent to which the Convention allows for the use of openprice terms; the question of the period within which notice of non-conformity must be provided; the rate at which interest has to be paid on sums in arrears and; the guiding principles for the interpretation of the term 'foreseeability' as contained in article 74. Each chapter of this thesis therefore deals with one of these issues and attempts to resolve it in line with the international character of the Convention - and one that promotes the efficiency of the agreement. For the purposes of this thesis, an efficient rule is defined as one that operates to minimize transaction costs, does not allow or de-incentivizes the potential of parties to act in an opportunistic manner and places liability on the best risk avoider. In reaching such an interpretation of the articles under examination, the thesis gives due regard to the travaux preparatoires, scholarly opinion and judicial pronunciations on the matter.

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Books on the topic "Vienna convention for the international sale of goods"

1

The sphere of application of the Vienna sales convention. Boston: Kluwer Law International, 1995.

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Commission, Ireland Law Reform. Report on United Nations (Vienna) Convention on Contracts for the International Sale of Goods 1980. Dublin: The Commission, 1992.

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Franco, Ferrari. La vendita internazionale: Applicabilità ed applicazioni della Convenzione di Vienna del 1980. Padova: CEDAM, 1997.

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Claude, Witz, ed. Convention de Vienne sur les contrats de vente internationales de marchandises. Paris: Dalloz, 2008.

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Austria) Annual MAA Schlechtriem CISG Conference (3rd 2011 Vienna. State of play: The 3rd Annual MAA Schlechtriem CISG conference, 14 April 2011, Vienna : conference in honour of Peter Schlechtriem, 1933-2007. The Hague, The Netherlands: Eleven International Publishing, 2012.

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Lamazerolles, Eddy. Les apports de la Convention de Vienne au droit interne de la vente. [Paris]: LGDJ, 2003.

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Nguyễn, Minh Hằng. Vente internationale et droit vietnamien de la vente: La Convention de Vienne de 1980. Tours: Presses universitaires François-Rabelais, 2010.

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Vasile, Popa. Convenția de la Viena asupra vânzării internaționale de mărfuri. Timișoara [Romania]: Editura Helicon, 1994.

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Lepinette, Tomás Vázquez. La obligación de conservación en la Convención de Viena de 11 de abril de 1980 sobre compraventa internacional de mercaderías: Un estudio transversal de la Convención de Viena : with English abstract. Valencia: Tirant lo Blanch, 1995.

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Blázquez, Francisco Oliva. Compraventa internacional de mercaderías: Ámbito de aplicación del Convenio de Viena de 1980. Valencia: Tirant Lo Blanch, 2002.

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Book chapters on the topic "Vienna convention for the international sale of goods"

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Gutiérrez, Laura García. "The Vienna United Nations Convention on Contracts for the International Sale of Goods: Applicability, Gaps and Implementation." In International Sale of Goods, 89–100. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-54036-8_7.

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Carr, Indira, and Peter Stone. "The Vienna Convention on the International Sale of Goods 1980." In International Trade Law, 59–95. Sixth edition. | Abingdon, Oxon ; New York, NY : Routledge, 2018.: Routledge, 2017. http://dx.doi.org/10.4324/9781315543970-3.

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Srivastava, Ajendra. "UN Convention on Contracts for the International Sale of Goods." In International Law and the Global South, 181–99. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-5475-9_7.

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"THE VIENNA CONVENTION ON THE INTERNATIONAL SALE OF GOODS 1980." In International Trade Law, 153–94. Routledge, 2009. http://dx.doi.org/10.4324/9780203872543-15.

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Lista, Andrea. "The Vienna Convention (CISG) on Contracts for the International Sale of goods." In International Commercial Sales: the Sale of Goods on Shipment Terms, 351–84. Informa Law from Routledge, 2016. http://dx.doi.org/10.4324/9781315767086-13.

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"United Nations Convention on Contracts for the International Sale of Goods, Vienna, 1980." In International Trade Law Statutes and Conventions 2011-2013, 436–52. Routledge, 2013. http://dx.doi.org/10.4324/9780203722886-66.

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"UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, VIENNA, 1980." In Statutes on International Trade 3/e, 592. Routledge-Cavendish, 1999. http://dx.doi.org/10.4324/9781843143024-164.

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"PROTOCOL AMENDING THE CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS, VIENNA, 1980." In Statutes on International Trade 3/e, 549. Routledge-Cavendish, 1999. http://dx.doi.org/10.4324/9781843143024-159.

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"No. 25567. United Nations Convention on contracts for the international sale of goods. concluded at Vienna on 11 April." In United Nations Treaty Series, 422. UN, 1997. http://dx.doi.org/10.18356/e2ccf501-en-fr.

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"No. 25567. United Nations Convention on Contracts for the International Sale of Goods. Concluded at Vienna on 11 April 1980." In Treaty Series 1568, 438. UN, 1999. http://dx.doi.org/10.18356/708a9e79-en-fr.

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Conference papers on the topic "Vienna convention for the international sale of goods"

1

Topaloğlu, Mustafa. "Evaluation of New Provisions Regarding Sales and Commercial Sales Amended by New Turkish Code of Obligations the Context of Vienna Convention." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.00982.

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Intendment of the paper herein, to evaluate of new provisions regarding sales and commercial sales amended by new Turkish Code of Obligations numbered 6098 in the context of Vienna Convention on Contracts for the International Sale of Goods which is effective since 01 January 1988. It has a significance to be able to understand why the provisions of the convention have not been completely quoted to Turkish Code of Obligations. Turkish Code of Obligations' numbered 6098, Vienna Convention on Contracts for the International Sale of Goods and Provisions of Vienna Convention on Contract for the International Sale of Goods (CISG/United Nations Convention), Comparing of civil law, common law, and combinations of these (especially Sales contracts in civil law and sales contracts in common law).During the legislation process of Turkish Code of Obligations' provisions regarding sales, both Vienna Convention on Contracts for the International Sale of Goods (CISG/United Nations Convention) and Swiss law has been constituted a source. The Vienna Convention is effective since 01 January 1988 and Turkey has participated to (CISG) on 01 August 2011 and it has been a part of domestic law. The aim of (CISG) is to eliminate the differences among the countries' laws regarding sales; i.e. it constitutes a linking rule and the rules of sales. Since the Convention has been legislated with the effect of various law families and systems, provisions of the convention have not been completely adopted to code of obligations.

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Deynekli, Adnan. "Field of Application of United Nations Convention on Contracts for the International Sale of Goods." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01265.

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United Nations Convention on Contracts for the International Sale of Goods (CISG) entered into force on the 1st August 2011 in Turkey. CISG is accepted with the purpose of development and encouragement of international trade and application of uniform rules for resolution of disputes arising from the contracts for the international sale of goods. CISG applies to contracts of sale of goods between parties whose places of business are in different states when the states are contracting states; or when the rules of private international law lead to the application of the law of a contracting state. Neither the nationality of the parties nor the civil or commercial character of the parties or of the contract is to be taken into consideration in determining the application of CISG. In order to apply CISG, there has to be a contract about international sale of goods and the parties shall be from different contracting states or the rules of private international law shall lead to the application of the law of a contracting state. The parties may totally or partially exclude the application of this CISG. CISG does not apply in terms of third party rights and the validity of the contract or of any of its provisions or of any usage.

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Li, Xiang. "Application of the Art. 58 of UN Convention on the International Sale of Goods (CISG)." In 2017 2nd International Conference on Humanities and Social Science (HSS 2017). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/hss-17.2017.70.

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Topaloğlu, Mustafa. "Avoidance of the Contract at International Sales of Goods." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01258.

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Avoidance the Contract is a kind of legal system arrangement which is adopted as a private law enforcement applied effortlessly, in the context of not to be performed delivery of goods in accordance with the contract. Merely, International Tendency in 20th century have fronted that avoidance of the contract is the “ultimum remedium” in the case of any breach of the contract. In several of modern sale law systems, for instance in German Law and Scandinavian Law systems, avoidance of the contract is a process which should be applied in the case of other enforcements are inadequate. The “Convention on International Sale of Goods (CISG)” which has stipulated the same solution way, has an important role in the formation of this modern tendency mentioned below. In accordance with the CISG enforcement of avoidance of the contract shall be exercised in the case of essential breach of the contract. Besides, In case of insubstantial breaches, the buyer is enabled to refer a possibility “the avoidance of the contract” as if the breach is a kind of material breach of the contract by giving additional period to the seller who the party in breach. Despite the additional period of time fixed him, in the case of the seller does not perform delivery of the goods the buyer shall have the right to avoidance of the contract.

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Özel, Çağlar, and Dila Okyar. "The Liability of Seller for the Conformity of the Goods in Contracts of Sale According to United Nations Convention on Contracts for the International." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01217.

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In practice, breach of contract cases mostly involve controversies over the failure of the seller to deliver conforming goods in accordance with the contract. Article 35 CISG defines the obligation of the seller to deliver conforming goods in a very broad and uniformed manner as it states that, the seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. CISG provides two criteria for the assessment of the non-conformity of goods. One of them is called “subjective” criterion of non-conformity. It goes without saying that the goods delivered shall be in conformity with all specifications agreed upon by the parties whether explicitly or implicitly. The other one is called “objective” criterion. If the agreement of the parties does not involve any specifications at all– like in the case of routine and quick orders of purchase, or if the agreement of the parties is insufficient in this respect, conformity of the goods will be decided according to the objective criterion. In accordance with Article 35 CISG, Article 36 CISG establishes the responsibility of the seller for any lack of conformity which exists at the time when the risk passes to the buyer, even though the lack of conformity becomes apparent only after that time. Regarding this, Article 67 CISG defines the moment at which the risk passes to the buyer and thus, divides the responsibility between the seller and the buyer.

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Kocev, Ljuben. "THE IMPACT OF COVID-19 ON THE PERFORMANCE OF INTERNATIONAL COMMERCIAL CONTRACTS FOR THE SALE OF GOODS – FORCE MAJEURE AND HARDSHIP." In Economic and Business Trends Shaping the Future. Ss Cyril and Methodius University, Faculty of Economics-Skopje, 2020. http://dx.doi.org/10.47063/ebtsf.2020.0012.

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The outbreak of COVID-19 has had massive negative impact across all industries and fields in the entire world. While the negative health impact is slowly stabilizing, the economic impact is in full effect and the harm is yet to be evaluated. On macroeconomic level, the necessary measures for combating the pandemic which were undertaken by governments have significantly restricted international trade. On microeconomic level, merchants and businesses are faced with inability or extreme obstacles in their daily operations and particularly in performing their international sales contracts. Failure to perform results in contractual breach and unwanted claims for damages. The paper addresses the impact which COVID-19 has on the performance of international commercial contracts for the sale of goods. The paper considers the impediments which may arise due to the pandemic outbreak and evaluates them from a legal perspective under the UN Convention on Contracts for the International Sale of Goods from 1980 (CISG), which is the main legal instrument governing international sales contracts. Particularly, the paper focuses on the question of exemption from liability in a situation where either of the contractual parties fails to perform and breaches an obligation. The evaluation is conducted through interpretation of the concepts of force majeure and hardship, as grounds for non-performance or contract renegotiation in light of the current situation.

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Özkan, Almıla, and Ayşe Sena Aksakallı. "Transfer of Risk of Loss in Turkish Law and International Treaties." In International Conference on Eurasian Economies. Eurasian Economists Association, 2020. http://dx.doi.org/10.36880/c12.02381.

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The risk of loss refers to the value of the goods that were damaged or destroyed without responsibilities of any party. While the matter of risk of loss differs from legal systems to legal systems, it has been subject to international treaties as well. In Turkish legal system, the abrogated Code of Obligation and Turkish Code of Obligations have different features in terms of transfer of risk of loss. According to abrogated Code of Obligation, the buyer is responsible for the value of the damaged goods as soon as the parties sign the contract. In Turkish Code of Obligations, the seller bears the risk of loss until the delivery of goods or registration. Turkish Code of Obligation is compatible with civil law. And abrogated Code of Obligation is compatible with common law system. There are rules regarding transfer of risk of loss in many international treaties. By the way, it must be stated that rules of transfer of risk of loss in Vienna Convention are compatible with Turkish Code of Obligations.

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