(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.
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a uniform law for the international sale
A uniform interpretation?
The role of Principles
Knowledge of the buyer
Force majeure in the UNIDROIT Principles of International Commercial Contracts
Force majeure in the Principles of European Contract Law
Burden of proof
Is the issue of the burden of proof governed by the CISG or by national law?
Does the CISG really provide for any division of the burden of proof?
Does this mean that the CISG deals with questions of evidence?
Burden of proof as to the conformity of the goods
Specifying the nature of the defects
Art 392 CISG
Limitation periods in the applicable law
Waiver by the seller of the right to rely on a late or insufficient notice
The seller was aware or could not have been unaware of the defects
The buyer has a reasonable excuse for not giving notice in good time
Exemption from liability in the CISG
Exemption from liability when defective goods have been delivered?
Impediment beyond the sellers control?
Impediments to be taken into account by a contracting party
Impediments attributable to suppliers
Third persons within the meaning of art 792 CISG
Does art 79 CISG exclude remedies based on domestic law?
The burden of proof may be reversed
A particular use for the goods or a sale by sample
Burden of proof as to the obligation to inspect the goods and to give notice
Burden of proof as to arts 40 and 44 CISG
May a contract that is governed by the CISG be annulled because of an error?
Can a contract which is governed by the CISG never be annulled
Common terms and phrases
79 CISG acceptance according agreed allowed annotated applicable Arbitration August avoid basis breach burden of proof buyer chapter circumstances claim clearly CLOUT Compare concept concerning conclusion considered contain contract contracting parties Convention Convention on Contracts Cour court damages December decided decision defects delivered delivery determined discovered discussed effect established European examination example exemption existence fact Ferrari follows force German give notice given governed held impediment indication inspection International Sale internationale interpretation issue January June lack of conformity liability limitation March means mentioned national law notice notification November obligation paragraph party performance period Ph.D Principles prove provisions question reasonable Recht reference regarded relating relevant rely remedies requirements respect risk rule Schlechtriem/Schwenzer seller Somm specific SZIER Thesis tion tort TranspR-IHR UN-Kaufrecht UNIDROIT Principles uniform validity Verdrag Weens Koopverdrag