Chapter 4: The United Nations Convention on Contracts for the International Sale of Goods (CISG)

2015 ◽  
pp. 138-193
Author(s):  
Tapiwa Shumba
Keyword(s):  
United Nations ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

Reimagining transnational validity under the CISG

2018 ◽  
Vol 17 (3) ◽  
pp. 156-168
Author(s):  
Ndubuisi Nwafor ◽  
Collins Ajibo ◽  
Chidi Lloyd
Keyword(s):  
United Nations ◽  
Design Methodology ◽  
Conceptual Approach ◽  
Content Type ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
Analytical Approaches

Purpose The aims and objectives of the United Nations Convention on Contracts for the International Sale of Goods (CISG) have been defeated by the intrusion of domestic laws of different contracting states in the interpretation of the provisions of this Convention. One of the most abused channels of this un-uniform interpretation is through art 4 of the CISG, which excludes the matters of validity and property from the Convention’s jurisdiction. This paper, therefore, aims to critically analyze the dangers of unsystematic reliance on the domestic laws in the interpretation of art 4 of the CISG on matters involving transnational validity and property. Design/methodology/approach The paper will use doctrinal methodology with critical and analytical approaches. The paper will incisively study the doctrines, theories and principles of law associated with validity of commercial contracts and the implications of exclusion of the doctrine of “validity” under the CISG. Findings The findings and contribution to knowledge will be by way of canvassing for a uniform transnational validity doctrine that will streamline and position the CISG to serve as a uniform international commercial convention. Originality/value This paper adopted a conceptual approach. Even though the paper ventilated the views of many writers on the issue of application of the doctrine of validity under the CISG, the paper, however, carved its own niche by making original recommendations on how to create a uniform validity jurisprudence under the CISG.

AVOIDANCE FOR FUNDAMENTAL BREACH OF CONTRACT UNDER THE UN CONVENTION ON THE INTERNATIONAL SALE OF GOODS

2010 ◽  
Vol 59 (4) ◽  
pp. 911-940 ◽  
Author(s):  
Michael Bridge
Keyword(s):  
United Kingdom ◽  
United Nations ◽  
Breach Of Contract ◽  
National Courts ◽  
The United Kingdom ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

AbstractThis article deals with the avoidance of contracts for non-performance under the United Nations Convention on the International Sale of Goods 1980, which has been adopted by more than 70 States, though not yet by the United Kingdom. It critically analyzes the text of the Convention, and measures the contributions of national courts for fidelity to the text of the Convention and compatibility with the purposes served by that text.

Ch.7 Non-performance, s.4: Damages, Introduction to Section 7.4 of the PICC

2015 ◽  
Author(s):  
McKendrick Ewan
Keyword(s):  
United Nations ◽  
The Other ◽  
Limiting Factor ◽  
Notable Feature ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
The Right

Section 7.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) is concerned with remedy of damages. It covers the right to recover damages in the event of non-performance as well as the measure of damages, particularly the use of foreseeability as a limiting factor on the recoverability of damages. A notable feature of Section 7.4 is that the entitlement to recover damages is not linked to any notion of fault, nor to any system of notification of the defaulting party. Instead, the right arises on non-performance by the other party to the contract unless the non-performance is excused. The articles in Section 7.4 build upon, and in places develop, the rules to be found in the United Nations Convention on Contracts for the International Sale of Goods (CISG).

scholarly journals Application of CISG in Kuwait

2020 ◽  
pp. 1-22
Author(s):  
Bashayer al-Mukhaizeem
Keyword(s):  
United Nations ◽  
Potential Application ◽  
Customary Law ◽  
Conflict Of Laws ◽  
Foreign Law ◽  
The World ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
The Impact

Abstract This article examines the impact of the United Nations Convention on Contracts for the International Sale of Goods (CISG) (signed 11 April 1980, entered into force 1 January 1988) on Kuwait as a non-Contracting State. By examining the potential application of CISG to countries around the world, it becomes clear that the applicability of this Convention is inevitable. This article identifies and examines the cases where CISG can be applied, according to its rules, and the process by which CISG, as a foreign law, would be applied in Kuwait. As this article shows, this can be achieved through the autonomy of the parties, Kuwaiti conflict-of-laws rules, or through customary law. This article also examines the cases where CISG cannot be applied in Kuwait and the implications of Kuwaiti’s ratification of CISG.

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