Issues Expressly Regulated by Cisg

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  • Topic: Contract, Law, Contract of sale
  • Pages : 2 (653 words )
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  • Published : May 20, 2013
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Most of the questions that can arise with regard to a sales contract will be addressed and answered by the CISG. There are, however, certain issues which the CISG does not govern although they can be relevant with regard to the conclusion and performance of sales contracts. It is therefore necessary to draw the line between the issues that are governed and those issues that are not, or, in other words, to define the "legal scope" of the CISG.

The starting point for defining the legal scope of application is Art. 4 CISG:

"This Convention governs only the formation of the contract of sale and the rights and obligations of the seller and the buyer arising from such a contract. In particular, except as otherwise provided in this Convention, it is not concerned with: (a) the validity of the contract or of any of its provisions or of any usage; (b) the effect which the contract may have on the property in the goods sold."

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”. [1] 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. [2] 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”. [3] These obligations would include, but not be limited to, the following: a seller delivering the goods, providing any...
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