What Is the Convention on Contracts for the International Sale of Goods

16 avril 2022

The remedies of the buyer and seller depend on the nature of a breach of contract. If the breach is fundamental, the other party is essentially deprived of what it expected from the contract. If an objective examination shows that the infringement was not foreseeable,[50] the contract may be annulled[51] and the injured party may claim damages. [52] If partial performance of a contract has taken place, the performing party may claim any goods returned or delivered; [53] This contrasts with the common law, where there is generally no right to claim delivered property unless ownership has been retained or compensation is insufficient, but only a right to claim the value of the goods. [54] Critics of the multilingual versions of the CISG argue that it is inevitable that the versions will not be completely consistent due to translation errors and the untranslatability of the « subtle nuances » of the language. [81] This argument, while with some validity, does not appear to be inherent in the United Nations Convention on Contracts for the International Sale of Goods, but is common to all contracts that exist in several languages. The reductio ad absurdum seems to be that all international treaties should exist in a single language, which is clearly neither practical nor desirable. The court went on to point out that, under the UCC, the burden of proof of non-conformity lies with the buyer. Article 2-314 of the UCC provides that the goods are « fit for the ordinary use for which they are used », unless the contract provides otherwise. Article 35(2) CISG states: `Goods are in conformity with the contract only if they are. are suitable for the purposes for which goods of the same type would normally be used », unless otherwise provided in the contract. Articles 25 to 88; Sale of goods, obligations of the seller, obligations of the buyer, transfer of risk, joint obligations of the buyer and the seller. Depending on the country, the CISG may constitute a small or significant deviation from local legislation regarding the sale of goods, thus providing significant advantages to enterprises in a Contracting State that import goods into other States that have ratified the CISG.

The United Nations Convention on Contracts for the International Sale of Goods applies to contracts for the sale of goods between parties whose places of business are situated in different States, if the States are Contracting States (§ 1 para. 1 lit. a). Given the considerable number of Contracting States, this is the usual route to the applicability of the United Nations Convention on Contracts for the International Sale of Goods. Other criticisms of the Convention are that it is incomplete, that there is no mechanism for updating the provisions and that there is no international body responsible for resolving questions of interpretation. For example, the United Nations Convention on Contracts for the International Sale of Goods does not regulate the validity of the contract and does not take into account electronic contracting. [82] However, legal issues relating to the use of electronic communications in the context of contracts for the international sale of goods were finally comprehensively addressed in the United Nations Convention on the Use of Electronic Communications in International Contracts. In addition, it should not be forgotten that the United Nations Convention on Contracts for the International Sale of Goods is supplemented by the Convention on the Limitation Period in the International Sale of Goods with regard to the limitation period for acts due to the passage of time. [83] The CISG describes when risk passes from seller to buyer,[48] but it has been found that in practice most contracts define « seller`s delivery obligations » very precisely by adopting a fixed shipping clause[41] such as FOB and CIF. [49] In interpreting the United Nations Convention on Contracts for the International Sale of Goods, account must be taken of the « international character » of the Convention, the need for uniform application and the need for good faith in international trade.

It applies to contracts for the purchase of goods between parties whose registered office is situated in different Contracting States or where the rules of private international law lead to the application of the law of a Contracting State. It may also apply on the basis of the choice of the parties. Certain issues related to the international purchase of goods, e.B. the validity of the contract and the effects of the contract on the ownership of the goods sold, do not fall within the scope of the Convention. Part II of the United Nations Convention on Contracts for the International Sale of Goods deals with the conclusion of the contract, which is concluded through the exchange of offers and acceptance. Part III of the United Nations Convention on Contracts for the International Sale of Goods deals with the obligations of contracting parties […].

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