A Propos the 1980 Vienna Convention on Contracts for the International Sale of Goods

The Vienna Convention of 1980 for the International Sale of Goods (the “Vienna Convention” or “CISG”) was entered into force in Greece on1.2.1999 by virtue of law no. 2532/1997 (Gov. Gazette A 227/11.11.1997) and has since then been applied and interpreted by fourteen Greek judgments. The judgment of the Multi-Member Court of First Instance of Athens 4505/2009 (“Judgment 4505/2009”) is, if not the most important, one of the most important cases. Its importance is based not only on the CISG legal issues on which it expressed an opinion, but also on the particularities (and complexities) of its facts (its original text exceeds 100 pages and is still unpublished in Greece). On this basis the author believes that the full understanding of the legal issues of Judgment 4505/2009 requires systematic and, to the extent possible, detailed presentation of its complicated facts. It is noted that Judgment 4505/2009 also deals with important legal issues relating to international jurisdiction and Greek domestic civil law. However, this note will only concentrate, with few exceptions, on legal issues relating to the CISG.

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THE VIENNA CONVENTION ON THE INTERNATIONAL SALE OF GOODS 1980

International Trade Law ◽

10.4324/9780203872543-15 ◽

2009 ◽

pp. 153-194

Keyword(s):

Vienna Convention ◽

International Sale Of Goods

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THE OBLIGATION OF THE SELLER TO DELIVER THE GOODS IN ACCORDANCE WITH THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS

InterConf ◽

10.51582/interconf.19-20.09.2021.014 ◽

2021 ◽

pp. 110-119

Author(s):

Lilia Gribincea

Keyword(s):

United Nations ◽

Vienna Convention ◽

Place Of Delivery ◽

United Nations Convention ◽

The United Nations ◽

International Sale Of Goods

The seller’s obligations are regulated in the second chapter of the Vienna Convention. Thus, the seller is obliged to deliver the goods, to transfer the property and, if it is the case, to provide the documents regarding the goods, in the conditions specified by the contract. In this article, I will refer to the obligation of the seller to deliver the goods in accordance with the provisions of the United Nations Convention on Contracts for the International Sale of Goods signed at Vienna on 11 April 1980. In connection with the obligation to deliver goods, the Vienna Convention regulates three aspects, namely: the place of delivery of the goods; certain obligations of the seller; adjacent to the delivery and the time of delivery of the goods.

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Evaluation of New Provisions Regarding Sales and Commercial Sales Amended by New Turkish Code of Obligations the Context of Vienna Convention

International Conference on Eurasian Economies 2014 ◽

10.36880/c05.00982 ◽

2014 ◽

Author(s):

Mustafa Topaloğlu

Keyword(s):

United Nations ◽

Common Law ◽

Civil Law ◽

Vienna Convention ◽

Sales Contracts ◽

Swiss Law ◽

United Nations Convention ◽

International Sale Of Goods ◽

Domestic Law

Intendment of the paper herein, to evaluate of new provisions regarding sales and commercial sales amended by new Turkish Code of Obligations numbered 6098 in the context of Vienna Convention on Contracts for the International Sale of Goods which is effective since 01 January 1988. It has a significance to be able to understand why the provisions of the convention have not been completely quoted to Turkish Code of Obligations. Turkish Code of Obligations' numbered 6098, Vienna Convention on Contracts for the International Sale of Goods and Provisions of Vienna Convention on Contract for the International Sale of Goods (CISG/United Nations Convention), Comparing of civil law, common law, and combinations of these (especially Sales contracts in civil law and sales contracts in common law).During the legislation process of Turkish Code of Obligations' provisions regarding sales, both Vienna Convention on Contracts for the International Sale of Goods (CISG/United Nations Convention) and Swiss law has been constituted a source. The Vienna Convention is effective since 01 January 1988 and Turkey has participated to (CISG) on 01 August 2011 and it has been a part of domestic law. The aim of (CISG) is to eliminate the differences among the countries' laws regarding sales; i.e. it constitutes a linking rule and the rules of sales. Since the Convention has been legislated with the effect of various law families and systems, provisions of the convention have not been completely adopted to code of obligations.

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In Defence of the CISG

Deakin Law Review ◽

10.21153/dlr2009vol14no1art133 ◽

2009 ◽

Vol 14 (1) ◽

pp. 99 ◽

Cited By ~ 2

Author(s):

Christopher Kee ◽

Edgardo Munoz

Keyword(s):

International Trade ◽

Vienna Convention ◽

Strong Basis ◽

The World ◽

Uniform Law ◽

The Law ◽

International Sale Of Goods

In this article, the authors respond to certain criticisms made against the 1980 Vienna Convention on Contracts for the International Sale of Goods (the ‘CISG’) and explain what they perceive as the shortcomings of, and impediments to, a particular model of a proposed new global code. A goal of both the CISG and the proposed global code is to create an environment which promotes international trade. Predictability in the law is a fundamental element to achieve such an environment. The CISG has been criticised as failing to provide such predictability. It has been suggested that it has not been uniformly interpreted, contains internal inconsistencies and allows countries to establish varying mini-codes. While there may be some merit in some of these criticisms there is also much that is overstated and wrong. The CISG may not be a perfect instrument. However, it has been widely accepted and that alone makes it a strong basis from which to develop. A global code applied with absolute uniformity throughout the world might provide predictability. However, such a uniform law is unrealistic and, in any event, undesirable. The authors propose a more realistic solution. The law should be the framework upon which individually nuanced contracts could be built. Predictability is obtained by developing and establishing avenues of communication. It is also obtained by developing and establishing means of explaining and understanding the concepts upon which the framework has been built. The CISG allows for all of this.

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