Issues Expressly Regulated by Cisg
The first sentence of Article 4 CISG defines broadly the two main areas of law governed by the CISG, the “formation of the contract” and the “rights and obligations of the seller and the buyer”. The wording of the first sentence of Article 4 has been criticised as being too narrow, since it does not mention matters clearly covered by the Convention such as the interpretation of statements regulated in Article 8 or the modification of contracts mentioned in Article 29.9 At the same time, matters which are considered in many jurisdictions to relate to the formation of contracts are not covered by the Convention.
Sellers Obligations
A seller must correspond to the terms of the contract as agreed upon by the parties to the contract. In the absence of said terms a seller “must deliver the goods, hand over any documents relating to them and transfer the property in the goods, as required by the contact”. These obligations would include, but not be limited to, the following: a seller delivering the goods, providing any documentation, and transferring the property but not the passing of title. It must be noted; the passing of ownership is not regulated by the CISG but is governed by domestic law. Case law establishes that courts will facilitate the actions of the parties to establish obligations but will limit recovery for failure to fulfil obligations. The obligations of performance of a seller under a contract are set forth under Articles 31-34 CISG.
Time and Place of Delivery
In practice, time and place of delivery are often agreed to by the parties via the contract or by a subsequent Purchase Order (Kling & Freitag GmbH v. Societa Reference Laboratory S.r.1. (2004)). These terms are of essence, as they not only serve for business purpose but place of delivery is relevant under the CISG because it determines the passage of risk and conformity of goods. In some states it also determines jurisdictional issues. Therefore, Article 31 CISG governing the
Sellers Obligations
A seller must correspond to the terms of the contract as agreed upon by the parties to the contract. In the absence of said terms a seller “must deliver the goods, hand over any documents relating to them and transfer the property in the goods, as required by the contact”. These obligations would include, but not be limited to, the following: a seller delivering the goods, providing any documentation, and transferring the property but not the passing of title. It must be noted; the passing of ownership is not regulated by the CISG but is governed by domestic law. Case law establishes that courts will facilitate the actions of the parties to establish obligations but will limit recovery for failure to fulfil obligations. The obligations of performance of a seller under a contract are set forth under Articles 31-34 CISG.
Time and Place of Delivery
In practice, time and place of delivery are often agreed to by the parties via the contract or by a subsequent Purchase Order (Kling & Freitag GmbH v. Societa Reference Laboratory S.r.1. (2004)). These terms are of essence, as they not only serve for business purpose but place of delivery is relevant under the CISG because it determines the passage of risk and conformity of goods. In some states it also determines jurisdictional issues. Therefore, Article 31 CISG governing the