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

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Published: 4 June 2021

Last updated: 16 February 2022

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1

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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2

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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3

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

Bernasconi, Christophe. "The Personal and Territorial Scope of the Vienna Convention on Contracts for the International Sale of Goods (Article 1)." Netherlands International Law Review 46, no. 02 (August 1999): 137. http://dx.doi.org/10.1017/s0165070x00002382.

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Lovtsov, D. A., and L. V. Terenteva. "Legal Regulation of International Commercial Electronic Contracts. Technological and Legal Aspects of Electronic Signature." Lex Russica, no. 7 (July 23, 2020): 115–26. http://dx.doi.org/10.17803/1729-5920.2020.164.7.115-126.

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In the modern realities of converting document flow to the digital plane, the issues of validity of contracts concluded in electronic form, as well as the conditions for recognizing an electronic signature, are of particular importance. In this regard, the authors turn to the study of the provisions of the United Nations Convention on the Use of Electronic Communications in International Contracts of 2005, as well as other international trade agreements to clarify their applicability to cross-border contracts concluded in electronic form.In the paper, the authors raise the question of the validity of an electronic cross-border transaction that falls under the regulation of the Vienna Convention on Contracts for the International Sale of Goods of 1980, the USSR reservation to which on the inadmissibility of concluding a contract not in writing, but in any form, continues to apply. In this regard, the authors explore the possibility of interpreting article 13 of the 1980 Vienna Convention containing the definition of the "written form", outside of the general rule of interpretation of the provisions of the 1980 Vienna Convention provided for in article 7.Based on the comparative analysis of national and international legal norms, norms of soft law regulating electronic documents, the authors reveal a number of problems arising from the lack of specificity of the mechanism of recognition of foreign electronic signatures in Russia and put forward proposals for their solution. To this end, the authors explore the possibilities of developing international standards for the compatibility of technological algorithms for electronic digital signatures using an asymmetric scheme, based on which foreign certificates of electronic signature keys can be recognized.

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13

Kartyshev, D. V. "TRANSFORMATION OF THE INSTITUTIONAL BASE OF WORLD CARGO TRANSPORTATION." Economic innovations 19, no. 2(64) (July 7, 2017): 124–28. http://dx.doi.org/10.31520/ei.2017.19.2(64).124-128.

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The practice of international merchant shipping and the practice of international trade in goods are interrelated at different levels - from historical to the level of a separate treaty. Here, contracts for the purchase and sale of goods, transportation, insurance, financing, transport and warehouse documents of title are intertwined and interact. The necessary degree of awareness in these issues is an indispensable condition for both successful business activity and for solving the problems of unification of maritime and commercial law. The process of the unification of law began primarily in the field of international transport law. Universal international legal unification of material norms of contracts of sale of goods was held in 1980 in the form of the Vienna Convention. The creation of the Brussels Convention and the Hamburg Rules was preceded by the study of the commercial and economic aspects of the bill of lading in the trade turnover. For example, in 53 paragraphs of the report of the UNCTAD secretariat on a bill of lading, the following issues were covered in various ways: 1) the inversion of a bill of lading; 2) the effectiveness of its role in the sale of goods - in terms of transfer of ownership or risk of damage, as well as in operations related to shipping conditions (for example, FOB, CIF); 3) the role of the bill of lading in the sale of documents; 4) the role of the bill of lading in bank letters of credit; 5) the effectiveness of the bill of lading as a receipt for the goods; 6) the status of a bill of lading as a contract of carriage; 7) the status of a bill of lading as a document of title. In 1996, UNCTAD discussed the proposal to include in its work program a review of existing practices and legislation in the field of international maritime transport of goods with a view to identifying areas that require uniform rules, and with a view to achieving greater harmonization of laws . The proposal was accompanied by information that in existing national laws and international conventions there are significant gaps regarding the functioning of bills of lading and sea waybills, the connection of these transport documents with the rights and obligations of the seller and buyer of goods, the legal status of entities providing financing to one of the parties to the contract of carriage Cargo. In some states there is a regulatory framework for these issues, but it is not uniform. And in many states there is no regulatory framework in this sphere at all. This circumstance is an obstacle to the free movement of goods and increases the value of transactions. The widespread use of electronic means of communication in the transport of goods further exacerbates the consequences of the fragmentation and non-unification of various laws and leads to the need to develop uniform provisions on specific issues related to the use of the applied technologies.

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14

Lomnicka, Eva. "Uniform Sales Law. The UN Convention on Contracts for the International Sale of Goods. By Peter Schlechtriem. [Vienna: Manz. 1986. 162 pp. ASch. 325/DM 46.50]." International and Comparative Law Quarterly 37, no. 4 (October 1988): 1034–35. http://dx.doi.org/10.1093/iclqaj/37.4.1034.

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15

Nguru, Aristide Kahindo. "THE ATTITUDE OF OHADA LAW COUNTRIES TOWARDS THE CISG." Journal of Law, Society and Development 3, no. 1 (September 12, 2016): 99–114. http://dx.doi.org/10.25159/2520-9515/1090.

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Disparities in national laws are likely to result in uncertainty which, in turn, creates obstacles to international commerce. It is acknowledged that strong investment flows cannot be achieved without a secure legal and commercial environment. Mindful of such a need, states decided to harmonise sales law internationally. To this end, in 1980 they adopted the United Nations Convention on Contracts for the International Sale of Goods known as the Vienna Sales Convention or the CISG. The CISG has led a number of countries, including the Organisation for the Harmonisation of Business Law in Africa (OHADA) law states, to modernise their local sales law. However, only three of 17 countries that constitute the OHADA community have ratified the CISG. OHADA law countries give the impression of favouring a more regional approach to the unification of sales law rather than the CISG’s global approach by implementing a local Commercial Uniform Act. Their indifference towards the CISG is not without consequences for commerce in the OHADA region. This article seeks to demonstrate that the lack of ratification of a universal convention, as for example the CISG, poses a danger to commercial dealings. It also intends to show that the CISG is not hostile to regional uniform sales laws of the OHADA Commercial Uniform Act type. It concludes that OHADA countries do not need to be afraid of their acceptance of the CISG and recommends that it be ratified.

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16

Zoll, Fryderyk. "The Impact of the Vienna Convention on the International Sale of Goods on Polish Law, With Some References to Other Central and Eastern European Countries." Rabels Zeitschrift für ausländisches und internationales Privatrecht 71, no. 1 (2007): 81. http://dx.doi.org/10.1628/003372507779800309.

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17

Kolsky Lewis, Meredith. "Comments on Luke Nottage's Paper." Victoria University of Wellington Law Review 36, no. 4 (December 1, 2005): 859. http://dx.doi.org/10.26686/vuwlr.v36i4.5618.

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The author comments on Luke Nottage's paper found in this volume (Luke Nottage "Who's Afraid of the Vienna Sales Convention (CISG)? A New Zealander's View from Australia and Japan" (2005) 36 VUWLR 815). The author first identifies additional factors as to why the Convention on Contracts for the International Sale of Goods ('CISG') may be opted out of in the United States: its lack of a duty of good faith, its narrow scope, and its uncertainty of outcome. However, the author argues that we should be more optimistic about the use of the CISG in the US. First, the US is an original signatory. Secondly, Americans may come to accept the CISG more as their exposure to it grows. Thirdly, a lack of reported US cases involving the CISG does not necessarily mean it is not being used – it purely indicates a lack of litigation. Fourthly, the CISG not being used may speak more about who the US are doing business with. Finally, the numbers show that the CISG is being used frequently. The author therefore concludes that we should be optimistic about the use of the CISG in the United States, and expects its use will increase over time.

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18

Durovic, Mateja. "Harmonization of Contract Law in Eastern and South-Eastern Asia: What Can Be Learned from the CISG and the ECL Experience?" Global Journal of Comparative Law 7, no. 2 (August 14, 2018): 207–31. http://dx.doi.org/10.1163/2211906x-00702001.

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This paper examines the pending initiative for harmonization of contract law in Eastern and South-Eastern Asian jurisdictions from the perspectives of the European Contract Law (ECL) and the Vienna Convention on International Sale of Goods (CISG). The idea behind the paper is that experiences, both positive and negative ones, gained from these two examples of harmonization of contract law may be very beneficial for the Asian initiative. Learning about the ECL and the CISG enables a better and more complete understanding of the contract law harmonization process. In particular, the analysis of these two examples show all the different problems, challenges and issues that harmonization of contract law brings which need always to be taken into consideration and the necessary conditions which need to be fulfilled in order to achieve a high level of harmonization in reality. Finally, this paper comes up with some of the suggestions that should be taken into consideration by the relevant stakeholders while discussing on how to proceed further with the harmonization of contract law in Asia.

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Eiselen, Sieg. "The Requirements for the Inclusion of Standard Terms in International Sales Contracts." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 1 (June 6, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2011/v14i1a2542.

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The problem dealing with the inclusion of standard terms and conditions in contracts is a problem that has engaged most legal systems. The United Nations Convention on Contracts for the International Sale of Goods, Vienna 1980 (CISG) does not expressly deal with this problem. Accordingly the solution to the issue must be found in an interpretation and application of the general principles found in articles 8, 14 and 18. One of the main objects of the CISG is the harmonisation of international trade law. It is generally recognised that in order to achieve harmonisation it is necessary that courts should interpret and apply the convention in a consistent and harmonious manner. Unfortunately a number of approaches have emerged from courts around the world in regard to the inclusion of standard terms. German courts have developed a strict approach which requires that the standard terms be made available to the addressee at the time of the conclusion of the contract. They also require that the standard terms be couched in the language of the main contract. In stark contrast an American court has used an approach which is very lax in regard to incorporation, even allowing incorporation after the conclusion of the contract. There is, however a more moderate approach set out in decisions of the Austrian Supreme Court where the court adopted an approach which is more akin to that found in most legal systems, namely that a clear incorporation clause in the contract is sufficient for the effective incorporation of standard terms. The author critically examines the case law, the various approaches and the underlying arguments on which they are based, before reaching the conclusion that the two extreme approaches should be rejected in favour of the more moderate approach. This approach is founded on a proper interpretation of the provisions of the CISG as well as being in step with international trade practice.

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Kee, Christopher, and Edgardo Munoz. "In Defence of the CISG." Deakin Law Review 14, no. 1 (August 1, 2009): 99. http://dx.doi.org/10.21153/dlr2009vol14no1art133.

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In this article, the authors respond to certain criticisms made against the 1980 Vienna Convention on Contracts for the International Sale of Goods (the ‘CISG’) and explain what they perceive as the shortcomings of, and impediments to, a particular model of a proposed new global code. A goal of both the CISG and the proposed global code is to create an environment which promotes international trade. Predictability in the law is a fundamental element to achieve such an environment. The CISG has been criticised as failing to provide such predictability. It has been suggested that it has not been uniformly interpreted, contains internal inconsistencies and allows countries to establish varying mini-codes. While there may be some merit in some of these criticisms there is also much that is overstated and wrong. The CISG may not be a perfect instrument. However, it has been widely accepted and that alone makes it a strong basis from which to develop. A global code applied with absolute uniformity throughout the world might provide predictability. However, such a uniform law is unrealistic and, in any event, undesirable. The authors propose a more realistic solution. The law should be the framework upon which individually nuanced contracts could be built. Predictability is obtained by developing and establishing avenues of communication. It is also obtained by developing and establishing means of explaining and understanding the concepts upon which the framework has been built. The CISG allows for all of this.

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Siehr, Kurt. "Convention on the International Sale of Goods—Summary." Rabels Zeitschrift für ausländisches und internationales Privatrecht 68, no. 3 (2004): 528. http://dx.doi.org/10.1628/0033725042946799.

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Glos, George E. "Wiener Übereinkommen von 1980 über den internationalen Warenkauf: Lausanner Kolloquium vom 19. und 20. November 1984 = Convention de Vienne de 1980 sur la vente international de marchandises: Colloque de Lausanne des 19 et 20 novembre 1984 = The 1980 Vienna Convention of the Internal Sale of Goods: Lausanne Colloquium of November 19-20, 1984. Zürich: Schulthess Polygraphischer Verlag, 1984. Pp. 240 (paperbound)." International Journal of Legal Information 13, no. 5-6 (December 1985): 85–86. http://dx.doi.org/10.1017/s0731126500019314.

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Abadi, Mohsen Hodssein, and Alireza Azadi Kalkoshki. "Delivery of Goods on International Sales." Journal of Politics and Law 10, no. 4 (August 30, 2017): 100. http://dx.doi.org/10.5539/jpl.v10n4p100.

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Commitment to delivery of goods that are addressed in the materials 30 to 44 of the International Sale convention is a fundamental obligation of the seller that Article 30 stipulates that the seller must deliver the goods, hand over any documents relating to them and transfer the property in the goods, as required by the contract and this Convention. According to this article we can be divided sale person in three categories: Transfer the property of the goods, Delivery of the Goods, Handing over of Documents.Two other obligations that are not expressly stated in this article and during other material during the Convention (Articles 35 and 41) are mentioned and they should also be added to the vendor obligations are included: " Conformity of the Goods and the product immunity from claims of third parties which the following discussion will be addressed and finally transfer Of Risk which in many cases is to give the product will be a close relationship.

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Zeller, Bruno. "Should Pakistan Adopt the Convention for the International Sale of Goods?" Victoria University Law and Justice Journal 7, no. 1 (June 11, 2018): 66–75. http://dx.doi.org/10.15209/vulj.v7i1.1038.

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This paper demonstrates that Pakistani Sale of Goods laws are outdated as they have not been modernised since the 1930s. This paper will only look at buyer’s remedies under the Sale of Goods Act and compare the remedies available under the International Convention for the Sale of Goods (CISG) with the ones currently available in Pakistan and, where applicable, the sub-continent. This paper concludes that Pakistan would benefit from a ratification of the CISG as it would enable the country to take advantage of increased attention by China on its resources and economic opportunities.

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Wójtowicz, Ewa. "Sprzedaż konsumencka w Konwencji wiedeńskiej o umowach międzynarodowej sprzedaży towarów i w kodeksie cywilnym." Przegląd Prawa i Administracji 112 (August 2, 2018): 245–58. http://dx.doi.org/10.19195/0137-1134.112.16.

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CONSUMER SALES IN THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND IN THE CIVIL CODEThe article presents the concept of consumer sales and consumer sales in the regulation of the United Nations Convention on Contracts for the International Sale of Goods and the definition of consumer sales in the Polish Civil Code along with a comparison of these two regulations. It indicates some inconsistencies between Polish law and the Convention as well as their possible consequences and it proposes methods of their elimination.

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Emre Ay, Yunus. "Passing of Risk in Convention on the International Sale of Goods." Teisė 119 (June 21, 2021): 173–80. http://dx.doi.org/10.15388/teise.2021.119.11.

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Passing of risk is an indispensable issue of contract of sale transactions. It determines which party bears the loss or damage of goods. This issue is more important in international commercial transactions than in national contract of sale transactions. Therefore, CISG lays down rules on passing of risk. CISG Articles 66–70 regulate passing of risk provisions. The purpose of this paper is to analyse CISG Articles 66–70.

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Flechtner, Harry M. "UN Convention on Contracts for the International Sale of Goods (CISG)." Rabels Zeitschrift für ausländisches und internationales Privatrecht 78, no. 4 (2018): 883. http://dx.doi.org/10.1628/003372514x683693.

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28

Whittington, Nicholas. "Reconsidering Domestic Sale of Goods Remedies in Light of the CISG." Victoria University of Wellington Law Review 37, no. 3 (September 1, 2006): 421. http://dx.doi.org/10.26686/vuwlr.v37i3.5576.

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This article suggests that New Zealand should overhaul the remedies available for breach of sale of goods contracts. It argues that the Sale of Goods Act 1908 should be repealed and the principles and provisions of the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG) should be adopted in its place. This would have the effect of eliminating the unnecessary distinction currently made between domestic and international sale of goods, and finally ridding the law of the condition-warranty distinction which has become out of date and leads to uncertainty and injustice. It is argued that the provisions of the CISG better respond to the transportation and communication costs and distances involved in international sales, considerations which are not insignificant in trade within New Zealand and, consequently, justify a similar approach domestically.

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Islam, Zahidul. "Applicability of the Convention on Contracts for International Sale and Goods (CISG)." IOSR Journal Of Humanities And Social Science 14, no. 3 (2013): 78–81. http://dx.doi.org/10.9790/1959-1437881.

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Al-Masadeh, Nael. "The Possibility of Applying the United Nations Convention on Contracts for the International Sale of Goods by a Jordanian Judge." Arab Law Quarterly 26, no. 3 (2012): 381–86. http://dx.doi.org/10.1163/15730255-12341238.

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Abstract Jordan is one of the countries that has not yet signed the United Nations Convention on Contracts for the International Sale of Goods. Nevertheless, in some cases related to Article 20 of the Jordanian Civil Code, Jordanian courts have space within which to manoeuvre for applying the Convention.

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Bridge, Michael. "AVOIDANCE FOR FUNDAMENTAL BREACH OF CONTRACT UNDER THE UN CONVENTION ON THE INTERNATIONAL SALE OF GOODS." International and Comparative Law Quarterly 59, no. 4 (October 2010): 911–40. http://dx.doi.org/10.1017/s0020589310000473.

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AbstractThis article deals with the avoidance of contracts for non-performance under the United Nations Convention on the International Sale of Goods 1980, which has been adopted by more than 70 States, though not yet by the United Kingdom. It critically analyzes the text of the Convention, and measures the contributions of national courts for fidelity to the text of the Convention and compatibility with the purposes served by that text.

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Gojani, Skender, and Granit Curri. "Contract for international sale of goods – Cisg its importance and applicability." Technium Social Sciences Journal 21 (July 9, 2021): 527–33. http://dx.doi.org/10.47577/tssj.v21i1.3687.

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Contractual contests in international sale transactions mainly derive from languages, cultures, traditions, views and different legal terms of contractors in different countries worldwide. In international legal-business relations, problematic issues are inevitably outnumbered and different, thus, more difficult to be sovled. International legal-business transactions, on the other hand, are of particular importance, especially in the continuum and intences of political-economic globalization and integrations of the countries with more developed economy in different international structures such as European Union, etc. Legal regulation of sales transactions in international relations is, above all, practised with CISG, United Nations Organization Convention on International Sale of Goods which is extraordinarily important for the well-being and progress of international sales.

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Ferrari, Franco. "‘Forum Shopping’ Despite international uniform Contract law Conventions." International and Comparative Law Quarterly 51, no. 3 (July 2002): 689–707. http://dx.doi.org/10.1093/iclq/51.3.689.

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One of the asserted advantages and goals of the unification of substantive law lies in the prevention of ‘forum shopping’,1 ie the lawyer's act of seeking the forum that is most beneficial to his client's interest.2 This has been pointed out not only in discussions on unification of law in general,3 but also in discussions on specific international uniform contract law conventions, such as the United Nations Convention on Contracts for the International Sale of Goods4 (hereinafter CISG),5 the Geneva Convention on the Contract for the International Carriage of Goods by Road6 (hereinafter CMR)7 and the UNIDROIT Convention on International Factoring8 (hereinafter IFC).9

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Novikova, Tatiana V. "Contract for the international sale of goods: Principle of autonomy of the will of parties within documents of the Hague Conference on Private International Law." Vestnik of Saint Petersburg University. Law 11, no. 4 (2020): 972–92. http://dx.doi.org/10.21638/spbu14.2020.409.

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The article is devoted to the analysis of legal regulation dealing with choice-of-law agreements by parties to international sale of goods contracts, namely in two documents of the Hague Conference on Private International Law: the Convention of 1955 on the Law Applicable to International Sales of Goods (in force) and the Convention of 1986 on the Law Applicable to Contracts for the International Sale of Goods (not yet in force). The Convention of 1955 sets a strict standard of autonomy of will (choice of a country’s domestic law; based only on the terms of the contract). Having a small number of participants and characterized by inconsistent law enforcement practice, this convention, nevertheless, is a valid legal instrument which Russian actors in the field of external trade should take into account when cooperating with nationals of member states. The Convention of 1986 establishes a substantively more liberal autonomy of will standard (change of the applicable law; demonstrated by the terms of the contract and the conduct of the parties in their entirety). However, many participants in the drafting procedure led to a wide range of views in regard to parties’ autonomy (including diametrically opposite ones). This resulted in a compromise nature of the solutions (and even the drafters’ direct refusal to address parties’ choice sensitive issues: choice of lex mercatoria, depecage) and, likely, an insufficient adoption for the Convention to enter into force. The Conventions’ basic principles (1955 — irrespective of having a few number of participants; 1986 — irrespective of not entering into force) have the potential for practical application in international commercial arbitration. In the case of parties’ autonomy, such an application would be limited to its recognition as far as the standard of the first is strict and somewhat outdated, whereas the standard of the second has been accepted in the framework of discord between states and avoids addressing sensitive issues in its implementation.

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Venter, Francois. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 1 (June 6, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2011/v14i1a2556.

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A wide range of unrelated topics are addressed in five articles and three notes published in this issue.The first article, contributed by Sieg Eiselen of UNISA, deals comparatively with the difficulties of an appropriate interpretation of the UN Convention on Contracts for the International Sale of Goods (CISG) regarding standard terms in international contracts of sale. Eiselen subscribes to an approach according to which a clear incorporation clause in the contract is considered to be sufficient for the effective incorporation of standard terms.

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Mankowski, Peter. "Bruno Zeller, Damages under the Convention on Contracts for the International Sale of Goods." Internationales Handelsrecht 19, no. 6 (December 1, 2019): 264. http://dx.doi.org/10.9785/ihr-2019-190609.

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Strub, M. Gilbey. "The Convention on the International Sale of Goods: Anticipatory Repudiation Provisions and Developing Countries." International and Comparative Law Quarterly 38, no. 3 (July 1989): 475–501. http://dx.doi.org/10.1093/iclqaj/38.3.475.

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Petrović, Katarina. "Entitlement to interest according to the provisions of the UN Convention on Contracts for the International Sale of Goods." Pravo i privreda 58, no. 4 (2020): 112–33. http://dx.doi.org/10.5937/pip2004112p.

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This paper is devoted to the analysis of Article 78 of the UN Convention on Contracts for the International Sale of Goods which, due to its insufficient determination, creates numerous discussions in both theory and practice that inevitably leads to a violation of uniformity in the application of the Convention. The paper presents dominant theoretical attitudes in solving interest issues, as well as court and arbitration practice in this matter. In order to ensure predictability and legal certainty in international trade, this paper is devoted to finding uniform and commercially realistic solution for calculating interest based on the Convention itself.

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Schwenzer, Ingeborg. "The Danger of Domestic Pre-Conceived Views with Respect to the Uniform Interpretation of the CISG: The Question of Avoidance In the Case of Non-Conforming Goods and Documents." Victoria University of Wellington Law Review 36, no. 4 (July 18, 2019): 795. http://dx.doi.org/10.26686/vuwlr.v36i4.5626.

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Professor Schwenzer compares common law notions about a party's ability to avoid a sales contract with the position under article 49 of the Convention on the International Sale of Goods. Having noted that the approach of the CSIG has given rise to criticism, she then argues that such criticism is unfounded and that, moreover, the CSIG's provisions reflect the reality of international sales practice and case law.

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Janssen, André, and Christian Johannes Wahnschaffe. "COVID-19 and international sale contracts: unprecedented grounds for exemption or business as usual?" Uniform Law Review 25, no. 4 (December 1, 2020): 466–95. http://dx.doi.org/10.1093/ulr/unaa026.

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Abstract The year 2020 has witnessed a health crisis of unparalleled dimensions that has triggered ongoing complications on a global scale. Through restrictions on economic activities and disruptions in supply chains, COVID-19 has severely impeded global trade. Among the ensuing problems, the question of excusing a party’s failure to perform its contractual obligations is of key interest. This contribution analyses the conditions for exemption from liability with view to contracts for the international sale of goods subject to the 1980 UN Convention on Contracts for the International Sale of Goods. It revisits the statutory requirements and illustrates COVID-19 scenarios that might satisfy the relevant thresholds. This article further examines the particular legal consequences following from an exemption from liability, including the controversial discussion as to the adequate remedies in cases of economic hardship. Finally, this contribution addresses the newly revised International Chamber of Commerce’s clauses on force majeure and hardship.

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Zimmermann, Reinhard. "Symposium: The Convention on the International Sale of Goods and its application in comparative perspective." Rabels Zeitschrift für ausländisches und internationales Privatrecht 68, no. 3 (2004): 427. http://dx.doi.org/10.1628/0033725042946861.

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Sharma, Rajeev. "The United Nations Convention on Contracts for the International Sale of Goods: The Canadian Experience." Victoria University of Wellington Law Review 36, no. 4 (December 1, 2005): 847. http://dx.doi.org/10.26686/vuwlr.v36i4.5628.

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The author discusses the Canadian jurisprudence involving the application, or potential application, of the CISG. He concludes that the Canadian courts are beginning to implement the CISG, but that there is still a tendency to apply domestic law alongside, or even in preference to, the international sales law, even when this is not warranted.

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Gillette, Clayton P., and Avery W. Katz. "Conference on Commercial Law Theory and the Convention on the International Sale of Goods (CISG)." International Review of Law and Economics 25, no. 3 (September 2005): 311–13. http://dx.doi.org/10.1016/j.irle.2006.03.002.

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Moghaddam Abrishami, Ali. "Should Iran join the United Nations Convention on Contracts for the International Sale of Goods?" Uniform Law Review 25, no. 4 (December 1, 2020): 634–63. http://dx.doi.org/10.1093/ulr/unaa015.

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Abstract After 40 years of the United Nations Convention on Contracts for the International Sale of Goods (CISG), it is still controversial whether the CISG has been a successful uniform law in practice. It is, nevertheless, evident that the number of ratifications of the CISG has been increasing. This article aims to highlight the important question of whether Iran should implement the CISG. In addition, it argues that irrespective of the possible ratification of the CISG, the Iranian contract law needs to be modernized. In particular, advantages and disadvantages of the possible adoption of the CISG in Iran are explored. This article argues that acceding to the CISG will provide Iran with a number of opportunities, including the promotion of international trade with its trading partners. In proposing a model for the modernization of the Iranian Civil Code (CCI), the author, however, argues that the CISG is not the best option. Instead, the Unidroit Principles of International Commercial Contracts (PICC) is the most appropriate model for reforming the Iranian contract law. This article concludes by suggesting that the combination of the CISG and the PICC is the best way forward for the Iranian legal system.

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Hirota, Kaoru, MingQiang Xu, Yasufumi Takama, and Hajime Yoshino. "Implementation of Fuzzy Legal Expert System FLES." Journal of Advanced Computational Intelligence and Intelligent Informatics 4, no. 6 (November 20, 2000): 421–27. http://dx.doi.org/10.20965/jaciii.2000.p0421.

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A fuzzy legal expert system FLES based on a fuzzy Housdorff similarity measure is implemented. The reasoning approach in this system includes the fuzzy case-based reasoning that is composed of knowledge representation, retrieval, and inference. The proposed approaches are illustrated by the experiments, where the target law is CISG (United Nation Convention on Contract for the International Sale of Goods).

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Schlechtriem, Peter. "Requirements of Application and Sphere of Applicability of the CISG." Victoria University of Wellington Law Review 36, no. 4 (December 1, 2005): 781. http://dx.doi.org/10.26686/vuwlr.v36i4.5625.

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Professor Schlechtriem begins by suggesting the success of the Convention on the International Sale of Goods can be explained by its simplicity. In this paper, however, he goes on to explain and expand on some of the complexities of interpretation of the Convention, especially those in part one caused by difficulties created by reservations. However, his paper ends by suggesting that, despite the complexities, the CSIG often remains far preferable to the use of national law that may itself be uncertain or even unknown.

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Samson, Claude. "L'harmonisation du droit de la vente: l'influence de la Convention de Vienne sur l'évolution et l'harmonisation du droit des provinces canadiennes." Harmonisation du droit 32, no. 4 (April 12, 2005): 1001–26. http://dx.doi.org/10.7202/043111ar.

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La Convention de Vienne sur les contrats de vente internationale de marchandises est le résultat de difficiles compromis de la part de pays appartenant à différentes familles juridiques ; plusieurs de ses dispositions reflètent de tels compromis entre systèmes de droit civil et de common law. Sur le plan interne canadien, retrouve-t-on une telle tendance à l'harmonisation des règles du droit de la vente de marchandises en droit civil et en common law ? Dans quelle mesure ces compromis à l'échelle internationale ont-ils influé sur le projet de Code civil du Québec de même que le Uniform Sale of Goods Act, que la Conférence sur l’uniformisation des lois aproposé aux provinces de common law en vue d'en arriver à l'harmonisation du droit de la vente entre celles-ci ? L'inclusion dans la Convention de Vienne d'une disposition créant une obligation de bonne foi fut en particulier l'occasion de longs débats. Si l'inclusion dans le projet de Code civil du Québec d'une disposition reconnaissant expressément le principe de bonne foi ne soulève pas de controverse, une reconnaissance expresse du principe de bonne foi, dans le Uniform Sale of Goods Act soulève cependant encore de longs débats. L'adhésion du Canada à la Convention des Nations Unies sur les contrats de vente internationale de marchandises contribuera à harmoniser le droit applicable à ce type de transaction. Mais, on ne peut malheureusement pas parler d'harmonisation pour ce qui est des ventes interprovinciales de marchandises au Canada.

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Akrami, Farzaneh, Sakina Shaik Ahmad Yu, and Suzanna Mohamed Isa. "The Problem of ‘Open Price Term’ in Contracts of Sale of Goods in Iran and under the United Nations Convention on Contracts for the International Sale of Goods." International Journal of Engineering & Technology 7, no. 3.30 (August 24, 2018): 219. http://dx.doi.org/10.14419/ijet.v7i3.30.18232.

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This is an undeniable fact is that incomprehensible or restricted rules cause problems for merchants as suppliers. This is more perceptible through domestic rules of the countries. However, international businessmen are also affected by existing conflicts in the international regulations. The concept of ‘open price term’ in contracts for the sale of goods is one of the best samples for developments in the world’s trade. However, regarding the open price term, the Iranian law has yet to adopt this vital phenomenon. On the other hand, if Iranian legislator aims to impose open price rules in the regulations, provisions of an international set of rules seem to be a useful model for such regulations as they are more common and have the capacity of being applied in the contracts made by parties from all over the world. As such, the United Nations Convention on Contracts for the International Sale of Goods (CISG), as an international set of rules containing open price rules is chosen in this paper to be studied as a model for such regulations. However, respective Article in CISG consists of some shortcoming as well. Thus, Adopting the doctrinal research method, in this paper aims to highlight the importance of adopting new rules for new methods of transaction and the necessity of amendments on existing rules.

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오수용. "A study on the Conformity of the Goods under United Nations Convention on Contracts for the International sale of Goods." 법과정책 20, no. 1 (March 2014): 399–423. http://dx.doi.org/10.36727/jjlpr.20.1.201403.016.

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Schwenzer, Ingeborg. "Force Majeure and Hardship in International Sales Contracts." Victoria University of Wellington Law Review 39, no. 4 (December 1, 2008): 709. http://dx.doi.org/10.26686/vuwlr.v39i4.5487.

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This article takes an analytical look of the concepts of force majeure and hardship when attempting to extract oneself from an agreement. The article starts off with a brief summary of their historical background and their presence in various domestic legal systems, such as France, Germany and the Netherlands. It goes on to examine the Convention on the International Sale of Goods (CISG) which does not have force majeure and hardship provisions but does have a provision that has the same effect. The article goes on to describe the requirements for avoiding liability in international sales contracts and concludes with the consequences of force majeure and hardship.

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