(Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods: A Uniform Concept?

Portada
Intersentia nv, 2004 - 299 páginas
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.
 

Comentarios de la gente - Escribir un comentario

No encontramos ningún comentario en los lugares habituales.

Contenido

Introduction
1
a uniform law for the international sale
7
A uniform interpretation?
13
The role of Principles
19
Nonconformity
25
Aliud
38
Knowledge of the buyer
52
Inspection
65
Force majeure in the UNIDROIT Principles of International Commercial Contracts
150
Force majeure in the Principles of European Contract Law
153
Conclusion
154
Burden of proof
157
Is the issue of the burden of proof governed by the CISG or by national law?
158
Does the CISG really provide for any division of the burden of proof?
163
Does this mean that the CISG deals with questions of evidence?
165
Burden of proof as to the conformity of the goods
168

Specifying the nature of the defects
89
Art 392 CISG
98
Limitation periods in the applicable law
99
Waiver by the seller of the right to rely on a late or insufficient notice
104
The seller was aware or could not have been unaware of the defects
110
The buyer has a reasonable excuse for not giving notice in good time
117
Conclusion
121
Force majeure
123
Exemption from liability in the CISG
125
Exemption from liability when defective goods have been delivered?
127
Impediment beyond the sellers control?
132
Impediments to be taken into account by a contracting party
135
Price fluctuations
136
Impediments attributable to suppliers
138
Third persons within the meaning of art 792 CISG
143
Does art 79 CISG exclude remedies based on domestic law?
145
The burden of proof may be reversed
176
A particular use for the goods or a sale by sample
177
Burden of proof as to the obligation to inspect the goods and to give notice
179
Burden of proof as to arts 40 and 44 CISG
184
Conclusion
186
Concurrent claims
187
History
189
May a contract that is governed by the CISG be annulled because of an error?
191
Case law
197
Can a contract which is governed by the CISG never be annulled
201
Conclusion
215
Annex I
235
Annex II
263
Literature
283
Curriculum vitae
299
Derechos de autor

Términos y frases comunes

Información bibliográfica