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United Nations Convention on Contracts for the International
Transcript of United Nations Convention on Contracts for the International
The CISG allows exporters to avoid choice of law issues, as the CISG offers "accepted substantive rules on which contracting parties, courts, and arbitrators may rely".
Unless excluded by the express terms of a contract, the CISG is deemed to be incorporated into (and supplant) any otherwise applicable domestic law(s) with respect to a transaction in goods between parties from different Contracting States.
Sphere of Application and General Provisions (Articles 1–13)
The CISG applies to contracts of the sale of goods between parties whose places of business are in different States, when the States are Contracting States
IMPORTANT IN THE WOLRD
The CISG has been regarded as a success for the UNCITRAL, as the Convention has been accepted by states from "every geographical region, every stage of economic development and every major legal, social and economic system
Countries that have ratified the CISG are referred to within the treaty as “Contracting States”. Of the uniform law conventions, the CISG has been described as having "the greatest influence on the law of worldwide trans-border commerce"
by: Natalia Medina Melani
The CISG was developed by the United Nations Commission on International Trade Law (UNCITRAL)
It was signed in Vienna in 1980. The CISG is sometimes referred to as the Vienna Convention (but is not to be confused with other treaties signed in Vienna). It came into force as a multilateral treaty on 1 January 1988, after being ratified by 11 countries.
COUNTRIES THAT HAVE ADOPTED THE CISG
The CISG is written using "plain language that refers to things and events for which there are words of common content". This was a conscious intent to allow national legal systems to be transcended through the use of a common legal lingua franca and avoids the "words associated with specific domestic legal nuances".Further, it facilitated the translation into the UN's six official languages. As is customary in UN conventions all 6 languages are equally authentic.
The CISG is divided into four parts:
Formation of the Contract (Articles 14–24)
An offer to contract must be addressed to a person, be sufficiently definite that is, describe the goods, quantity, price and indicate an intention for the offeror to be bound on acceptance.
The CISG does not appear to recognise common law unilateral contracts but, subject to clear indication by the offeror, treats any proposal not addressed to a specific person as only an invitation to make an offer.
Sale of Goods (Articles 25–88)
The CISG defines the duty of the seller, ‘stating the obvious’, as the seller must deliver the goods, hand over any documents relating to them, and transfer the property in the goods, as required by the contract.
Similarly, the duty of the buyer is to take all steps ‘which could reasonably be expected’ to take delivery of the goods, and to pay for them
Include how and when the Convention comes into force, permitted reservations and declarations, and the application of the Convention to international sales where both States concerned have the same or similar law on the subject.