scholarly journals Reconsidering Domestic Sale of Goods Remedies in Light of the CISG

2006 ◽  
Vol 37 (3) ◽  
pp. 421
Author(s):  
Nicholas Whittington
Keyword(s):  
New Zealand ◽  
United Nations ◽  
Communication Costs ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
International Sale Of Goods ◽  
International Sales ◽  
Domestic Sale

This article suggests that New Zealand should overhaul the remedies available for breach of sale of goods contracts.  It argues that the Sale of Goods Act 1908 should be repealed and the principles and provisions of the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG) should be adopted in its place. This would have the effect of eliminating the unnecessary distinction currently made between domestic and international sale of goods, and finally ridding the law of the condition-warranty distinction which has become out of date and leads to uncertainty and injustice.  It is argued that the provisions of the CISG better respond to the transportation and communication costs and distances involved in international sales, considerations which are not insignificant in trade within New Zealand and, consequently, justify a similar approach domestically.

To Boldly Go, Part II: Data as the CISG’s Next (but Probably Not Final) Frontier

2021 ◽  
Vol 44 (4) ◽  
Author(s):  
Benjamin Hayward
Keyword(s):  
International Trade ◽  
United Nations ◽  
Legal Framework ◽  
United Nations Convention ◽  
Per Se ◽  
The United Nations ◽  
International Sale Of Goods ◽  
International Sales

The United Nations Convention on Contracts for the International Sale of Goods (‘CISG’) is an international sales law treaty concluded in 1980 and drafted with traditional (physical) goods trade in mind. While a significant body of scholarship has addressed its capacity to govern electronic software transactions, only limited commentary has explored the CISG’s digital application beyond software per se. ‘To Boldly Go, Part I’, this article’s counterpart, developed a specific legal framework for assessing the CISG’s capacity to regulate international trade in non-software data. This article now applies that framework, confirming the CISG is capable of governing non-software data trade, and uses that framework to resolve the currently unsettled question of whether cryptocurrency trade falls within the CISG’s scope. Since non-software data trade is becoming increasingly economically important, this article’s conclusions stand to benefit data traders as well as the practitioners advising them.

Choice of Law Under the International Sales Convention: A U.S. Perspective

1983 ◽  
Vol 77 (3) ◽  
pp. 521-540 ◽  
Author(s):  
Isaak I. Dore
Keyword(s):  
United Nations ◽  
Choice Of Law ◽  
Uniform Law ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
International Sales

The United Nations Convention on Contracts for the International Sale of Goods was adopted on April 10, 1980. The chief reason for its adoption was that the prior Uniform Law on the International Sale of Goods (ULIS) and its supplementary Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods (ULF) had not received widespread support.

Transfer of Ownership in Sale Contracts Involving Carriage of Goods by Sea

2020 ◽  
pp. 1-24
Author(s):  
Derar al-Daboubi
Keyword(s):  
United Nations ◽  
Civil Code ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
International Instruments ◽  
In Transit ◽  
The Impact ◽  
International Sales

Abstract This article discusses the maritime carrier’s effect on the transfer of ownership between contracting parties to international sales. The discussion initially focuses on the relevant provisions of the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG), and Incoterms 2010 Rules as international instruments. It will also cover the provisions of the Jordanian Civil Code 1976 (JCC) as a domestic statute. The necessity to examine the maritime carrier’s influence on transfer of ownership lies in the impact it can exert on a buyer’s right to acquire ownership that may deprive him of selling the goods in transit. This article will point out the obstacles encountered when determining the timing for transfer of ownership. The study proposes some suggestions through which the role the maritime carrier plays in the transfer of ownership can be recognised and the time when transfer of ownership occurs can be easily determined.

scholarly journals The United Nations Convention on Contracts for the International Sale of Goods: The Canadian Experience

2005 ◽  
Vol 36 (4) ◽  
pp. 847
Author(s):  
Rajeev Sharma
Keyword(s):  
United Nations ◽  
Potential Application ◽  
Canadian Experience ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
Domestic Law ◽  
International Sales

The author discusses the Canadian jurisprudence involving the application, or potential application, of the CISG.  He concludes that the Canadian courts are beginning to implement the CISG, but that there is still a tendency to apply domestic law alongside, or even in preference to, the international sales law, even when this is not warranted.

Interpreting merger clauses in contracts governed by the CISG: delineating the scope for the use of extrinsic evidence

2021 ◽  
Author(s):  
Aditya Suresh
Keyword(s):  
United Nations ◽  
Common Law ◽  
Advisory Council ◽  
Sales Contracts ◽  
Opt Out ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
International Sales

Abstract Under Article 8(3) of the United Nations Convention on Contracts for the International Sale of Goods (CISG), parties’ statements, prior negotiations and other external circumstances may be used to assess the presence of subjective or objective intent that can, in turn, be used to interpret contractual terms in international sales contracts governed by the CISG. However, parties to the contract can, through the adoption of an ‘entire agreement’ or ‘merger’ clause, opt out of this rule under Article 8(3) and restrict these interpretative tools in any manner as they see fit, depending on the requirements of their contract. Since the CISG does not explicitly address merger clauses and their effects, the CISG Advisory Council, in its Opinion no. 3, has provided a test to determine how the scope of a merger clause is to be determined. However, this test presents certain conceptual and practical limitations that render it inadequate for use in international commercial contracts. This article aims to analyse this test and the methods that have been used to interpret merger clauses under other uniform legal instruments and cases in common law jurisdictions. On this basis, the article proposes a test that attempts to fully capture the conceptual intent behind including merger clauses while ensuring that the parties are in the driver’s seat while determining their scope and effect.

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