scholarly journals Freedom of Contract: Comparison Between Provisions of the CISG (Article 6) and Counterpart Provisions of the PECL

2017 ◽  
Author(s):  
Ulrich G. Schroeter
Keyword(s):  
United Nations ◽  
Contract Law ◽  
Commercial Law ◽  
European Contract ◽  
Freedom Of Contract ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
European Contract Law ◽  
Court Practice

6 Vindobona Journal of International Commercial Law and Arbitration (2002), pp. 257-266The parties' freedom of contract ranks as one of the most important general principles embodied in the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) as well as in a number of other sets of rules pertaining to international commercial law. The present paper analyzes if and how the Principles of European Contract Law (PECL) may be used in order to interpret Article 6 CISG (the provision in the Sales Convention that deals with the freedom of contract) and discusses some pertinent problems that have arisen in court practice in this area.

‘Forum Shopping’ Despite international uniform Contract law Conventions

2002 ◽  
Vol 51 (3) ◽  
pp. 689-707 ◽  
Author(s):  
Franco Ferrari
Keyword(s):  
United Nations ◽  
Geneva Convention ◽  
Contract Law ◽  
Forum Shopping ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
International Factoring ◽  
Substantive Law

One of the asserted advantages and goals of the unification of substantive law lies in the prevention of ‘forum shopping’,1 ie the lawyer's act of seeking the forum that is most beneficial to his client's interest.2 This has been pointed out not only in discussions on unification of law in general,3 but also in discussions on specific international uniform contract law conventions, such as the United Nations Convention on Contracts for the International Sale of Goods4 (hereinafter CISG),5 the Geneva Convention on the Contract for the International Carriage of Goods by Road6 (hereinafter CMR)7 and the UNIDROIT Convention on International Factoring8 (hereinafter IFC).9

scholarly journals Sharing International Commercial Law across National Boundaries, Festschrift for Albert H. Kritzer on the Occasion of his Eightieth Birthday

2009 ◽  
Vol 27 (2) ◽  
Author(s):  
Melissa Ann Pansiri
Keyword(s):  
United Nations ◽  
Commercial Law ◽  
Eightieth Birthday ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
National Boundaries

The joint collaboration of Camilla B. Andersen and Ulrich G. Schroeter as editors of the festschrift1 to Albert H. Kritzer on his eightieth birthday succeeds in bringing together international commercial law heavyweights and enlightening commentary on the United Nations Convention on Contracts for the International Sale of Goods (CISG). The work pays homage to a preeminent scholar on the CISG whose scholarship has aided in the uniformity of the application and interpretation of the CISG.

Ch.7 Non-performance, s.3: Termination, Introduction to Section 7.3 of the PICC

2015 ◽  
Author(s):  
Huber Peter
Keyword(s):  
United Nations ◽  
Basic Structure ◽  
Contract Law ◽  
The Other ◽  
Basic Rule ◽  
European Contract ◽  
Crucial Question ◽  
Strong Resemblance ◽  
United Nations Convention ◽  
European Contract Law

Section 7.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with the aggrieved party's right to terminate the contract if the other party does not perform. However, the PICC also severely restrict the scope of termination as a remedy. The crucial question is not whether there is a right to terminate, but rather when it will be available to the aggrieved party. Art 7.3.1(1) accepts the doctrine of fundamental breach as the basic rule for the availability of termination. For cases of delay, Art 7.3.1(3) introduces the Nachfrist mechanism. The basic structure of the system of remedies in Section 7.3 bears a strong resemblance to both the Commission on European Contract Law, Principles of European Contract Law (1998), and the United Nations Convention on Contracts for the International Sale of Goods (CISG) regimes.

scholarly journals The United Nations Convention on Contracts for the International Sale of Goods: Guide to Research and Literature

1996 ◽  
Vol 24 (1) ◽  
pp. 48-70
Author(s):  
Claire M. Germain
Keyword(s):  
United States ◽  
United Nations ◽  
The United States ◽  
Fundamental Principle ◽  
Freedom Of Contract ◽  
Opt Out ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

On January 1, 1988, the United Nations Convention on Contracts for the International Sale of Goods (the Convention) became effective in the United States. In general, the Convention (also referred to as the “Vienna Sales Convention,” the “Sales Convention,” the “CISG,” or the “UN Convention”) applies to contracts for the sale of goods between enterprises having their places of business in different countries, provided these countries have adopted the Convention. Freedom of contract, however, is a fundamental principle of the Convention, and the parties may opt out or modify the effects of its provisions.

Logical Structure of Contract Law System - For Constructing a Knowledge Base of the United Nations Convention on Contracts for the International Sale of Goods -

1998 ◽  
Vol 2 (1) ◽  
pp. 2-11 ◽  
Author(s):  
Hajime Yoshino ◽  
Keyword(s):  
United Nations ◽  
Knowledge Base ◽  
Logical Structure ◽  
Contract Law ◽  
Deductive System ◽  
Law System ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
State Of Affairs

In order to construct a deductive legal knowledge base, it is necessary first to clarify the structure of the law as a deductive system from which a legal judgement can be justified as a conclusion of logical deduction together with relevant facts. As the legal state of affairs changes according to the time progress of an event, a clarified logical model of law is necessary to enable us to deduce changes among legal relationships over time from the beginning to the end of a case. This study presents such a model based on Logical Jurisprudence, in which the relationship between legal sentences and the legal meta sentences regulating the validity of legal sentences plays a definitive role. The model is applied to the United Nations Convention on Contracts for the International Sale of Goods (CISG) to develop a deductive knowledge base. The deductive structure of the contract law is clarified so that appropriate answers are deduced to questions about legal state of affairs at any time point as a results of the application of CISG provisions to a concrete case.

Should Iran join the United Nations Convention on Contracts for International Sale of Goods?

2021 ◽  
Author(s):  
Ali Moghaddam Abrishami
Keyword(s):  
International Trade ◽  
United Nations ◽  
Legal System ◽  
Contract Law ◽  
Advantages And Disadvantages ◽  
Trading Partners ◽  
Uniform Law ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

Abstract After 40 years of the United Nations Convention on Contracts for International Sale of Goods (CISG), it is still controversial whether the CISG has been a successful uniform law in practice. It is, nevertheless, evident that the number of ratifications of the CISG has been increasing. This article aims to highlight the important question of whether Iran should implement the CISG. In addition, it argues that irrespective of the possible ratification of the CISG, the Iranian contract law needs to be modernized. In particular, advantages and disadvantages of the possible adoption of the CISG in Iran are explored. This article argues that acceding to the CISG will provide Iran with a number of opportunities, including the promotion of international trade with its trading partners. In proposing a model for the modernization of the Iranian Civil Code (CCI), the author, however, argues that the CISG is not the best option. Instead, the Unidroit Principles of International Commercial Contracts (PICC) is the most appropriate model for reforming the Iranian contract law. This article concludes by suggesting that the combination of the CISG and the PICC is the best way forward for the Iranian legal system.

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.

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