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

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.

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.

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 ◽  
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.

scholarly journals The United Nations convention on contracts for the international sale of goods (cisg) and the Common Law: the challenge of interpreting Article 7

IUSTA ◽  
2015 ◽  
Vol 1 (40) ◽  
Author(s):  
Isabel Cristina Salinas Alcaraz
Keyword(s):  
United Nations ◽  
Common Law ◽  
Case Law ◽  
The Common ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
International Character

The interpretative methodology applied in Common Law CISG jurisprudence has driven a disparity of reasoning that hinders a uniform application of its provisions. This result is inconsistent with CISG Article 7 which mandates interpretation of the convention in accordance with its international character and the need to promote uniformity. This paper discusses the multiple aspects that have affected the uniform interpretation of CISG norms, including a reference to the case law in USA, Australia and Italy. Finally, the Unidroit principles are presented as an aid to overcome the difficulties in the application of CISG article 7.

scholarly journals The International Contracting Practices Survey Project: an Empirical Study of the Value and Utility of the United Nations Convention On the International Sale Of Goods (Cisg) and the UNIDROIT Principles of International Commercial Contracts to Practitione

2008 ◽  
Vol 27 (1) ◽  
Author(s):  
Peter L Fitzgerald
Keyword(s):  
Empirical Study ◽  
United Nations ◽  
Common Law ◽  
Choice Of Law ◽  
Commercial Code ◽  
Effective Choice ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

In an era of globalization it is perplexing that so many U.S. practitioners, jurists, and legal academics continue to view contract issues as governed exclusively by state common law and the Uniform Commercial Code. In essence, a significant number of lawyers may be defaulting to the wrong law, in the absence of an effective choice of law clause, when trying to determine the rights and responsibilities arising out of international commercial transactions. The object of the International Commercial Contracting Practices Survey Project was to learn more about how and why this occurs.

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.

Replacement of non-conforming goods ‘free of charge’: is there a need to differentiate between B2B and B2C sales contracts?

2020 ◽  
Vol 25 (1) ◽  
pp. 67-91
Author(s):  
Yeşim M Atamer
Keyword(s):  
United Nations ◽  
Legal Systems ◽  
Sales Contracts ◽  
Council Directive ◽  
Business To Consumer ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
Business To Business

Abstract The buyer’s right to request replacement of any non-conforming goods is today a standard remedy in many jurisdictions. This development was also influenced by the widespread effect of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Council Directive (EC) 1999/44 on consumer sales, which both grant the buyer a right to replacement. However, some questions related to the requirement that replacement has to be ‘free of charge’ continue to be disputed under both legal systems, as well as under the newly introduced Council Directive (EC) 2019/22 on consumer sales. This article intends to discuss how the term ‘free of charge’ is being interpreted in business-to-business as well as in business-to-consumer sales contracts and whether there is any need to differentiate between the two types of sales contracts.

scholarly journals The Effects of the International Contract for Sale of Goods

2017 ◽  
Vol 19 (33) ◽  
pp. 96-109
Author(s):  
Daniel Berlingher
Keyword(s):  
United Nations ◽  
Vienna Convention ◽  
International Commerce ◽  
Cross Border ◽  
Legal Instrument ◽  
General Rules ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
Economic Transaction

Abstract The contracts are the indispensable legal instruments for any economic transaction. The international sale contract is the main legal instrument by which international commerce is carried out and through which the movement of goods from producer to consumer is ensured within cross-border relations. The sale contract in international commerce is the legal act by which the parties, the seller and the buyer, belonging to different states, commit each other to transfer the property of a good in return for payment of a price. Regarding the general rules applicable to the contract of international sale of goods, they are regulated by the “United Nations Convention on Contracts for the International Sale of Goods from Vienna”. The Convention has adopted uniform rules to govern the international sale of goods contract, if the parties have not chosen expressly for the application of other rules. In this study I present the effects of international sale of goods in the light of the rules of the Vienna Convention of 1980.

scholarly journals The CISG and Common Law Courts: Is There Really a Problem?

2004 ◽  
Vol 35 (3) ◽  
pp. 711
Author(s):  
Henning Lutz
Keyword(s):  
United Nations ◽  
Common Law ◽  
Case Law ◽  
Sources Of Information ◽  
Related Case ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
Law Courts

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is generally perceived as a successful example of unified law with 62 contracting states so far. However, this impressive number has not resulted in an evenly-spread acceptance of the CISG worldwide. The scarcity of CISG-related case law from common law countries has led to the assumption that common law jurisdictions have specific issues with the application of the CISG. This article examines the various explanations for this phenomenon that have been put forward so far, primarily through an analysis of case law. The article disproves the contention that common law jurisdictions, when interpreting the CISG, employ a narrow approach, persistently adhere to common law specific concepts, or are generally reluctant to refer to scholarly writings. It emerges that the CISG is a well-known feature in most common law courtrooms, applied by judges with growing skill and prudence. The article concludes that often common law lawyers are more ignorant and unfamiliar with the CISG than judges and appeals to them to improve their knowledge by taking advantage of the numerous sources of information about the CISG.

scholarly journals Defining the Borders of Uniform International Contract Law: The CISG and Remedies for Innocent, Negligent, or Fraudulent Misrepresentation

2017 ◽  
Author(s):  
Ulrich G. Schroeter
Keyword(s):  
United Nations ◽  
Common Law ◽  
Case Law ◽  
Contract Law ◽  
Legal Criterion ◽  
Uniform Law ◽  
United Nations Convention ◽  
Definition Of ◽  
Domestic Law ◽  
Exact Definition

58 Villanova Law Review (2013), 553-587The exact definition of the substantive scope of the United Nations Convention on Contracts für the International Sale of Goods (CISG) of 11 April 1980 is a difficult but necessary task: Necessary because the scope determines over which domestic rules of law the Convention prevails, thereby preempting the concurrent domestic law’s application, and difficult because the CISG itself provides limited guidance about the method through which this definition is to be achieved.This article commences by discussing two approaches used in this regard in case law and legal writings on the Convention: (1) the reliance on Article 4 CISG, and (2) the use of dogmatic categories of domestic law such as "contract" and "tort". Both are found wanting, in particular in light of Article 7(1) CISG calling for an internationally uniform interpretation of the Convention’s scope.Against this background, the article develops a novel two-step approach with Article 7(1) CISG in mind. According to this approach, a domestic law rule is displaced by the Convention if (1) it is triggered by a factual situation which the Convention also applies to (the "factual" criterion), and (2) it pertains to a matter that is also regulated by the Convention (the "legal" criterion). Only if both criteria are cumulatively fulfilled, the domestic law rule concerned overlaps with the Convention’s sphere of application in a way that will generally result in its preemption.In third part of the article, the two-step approach is being applied to remedies for misrepresentation known in Common law jurisdictions, in turn dealing with remedies for innocent misrepresentation, negligent misrepresentation and fraudulent misrepresentation and thus defining their relationship towards the uniform law rules of the Sales Convention.

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