(Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods: A Uniform Concept?Intersentia nv, 2004 - 299 pages The 1980 UN Convention on Contracts for the International Sale of Goods (CISG) unifies the law governing the rights and obligations arising from a contract for the international sale of goods for the seller and the buyer. The CISG entered into force on 1 January 1988. The current number of 62 contracting States, representing two thirds of the world trade, shows the relevance of this Convention. Moreover, the International Chamber of Commerce (ICC) has published a model for an international sales contract that presupposes the application of the Convention. Since no supranational court exists to safeguard a uniform interpretation of its provisions, the case law from different states on the basis of the CISG needs to be compared. One of the main obligations for the seller under the Convention is to deliver goods which are in conformity with the contract (art. 35 CISG). With respect to this particular obligation, a number of questions have arisen. For example, do the goods delivered need to comply with any public law requirements in the country where the goods will be used? When and how does a buyer have to give notice to the seller of any lack of conformity? Is any fault on the part of the seller required for a buyer to be able to rely on this provision? Who bears the burden of proof? Can a buyer rely on any concurrent claims based on national law, alongside his claim based on lack of conformity? This book contains an analysis of the case law that has been established on the basis of the CISG concerning the aforementioned questions. Special attention has been paid to court decisions in Austria, Belgium, France, Germany, the Netherlands and Switzerland, as well as to arbitral awards by the ICC Court of Arbitration. In this respect, the role of the UNIDROIT Principles of International Commercial Contracts in the interpretation of the CISG has also been analysed. The book provides a unique combination, because it contains both an analysis of the issue of (non-)conformity as such and an overview of the recent case law on this topic, as well as recommendations for international commercial practice. Therefore, this book will be of interest to both academics and legal practitioners. |
Contents
Introduction | 1 |
Nonconformity | 3 |
a uniform law for the international sale | 7 |
A uniform interpretation? | 13 |
The role of Principles | 19 |
6 | 36 |
Conclusion | 37 |
8 | 42 |
4 | 129 |
5 | 135 |
8 | 145 |
Force majeure in the Principles of European Contract | 153 |
335 | 163 |
78 | 177 |
10 | 186 |
Can a contract which is governed by the CISG never be annulled | 201 |
Common terms and phrases
39 CISG annotated applicable arbitral awards Article basis Bianca/Bonell Bundesgerichtshof burden of proof buyer circumstances claim CLOUT Compare conclusion Contract Law contract of sale contracting parties Convention on Contracts Cour d'Appel Cour de Cassation court held Court of Arbitration damages decision defects delivered delivery Deventer discovered domestic law example fact Ferrari force majeure Gerechtshof German give notice Handelsgericht des Kantons Honnold http://www.cisg-online.ch ICC International Court impediment inspection internationale interpretation IPRax issue January June Koblenz koper lack of conformity Landgericht liability meaning of art model contract national law niet NIPR non-conformity notification notified the seller obligation paragraph period Ph.D provisions public law requirements question reasonable recht Rechtbank rechtspraak remedies right to rely s-Hertogenbosch sales law Schlechtriem Schlechtriem/Schwenzer Art Schwenzer Somm specific SZIER Thesis tort TranspR-IHR U.S. District Court UN-Kaufrecht UNIDROIT Principles uniform unpublished Verdrag Verkäufers verkoper Weens Koopverdrag Witz zaken zijn Zürich