1. An Introduction To The CISG Flashcards
What is the CISG?
A shared law for all international sales; formed as a convention, states ratify it and make it part of their domestic law.
It then governs private commercial relationships as sales law.
Does the CISG apply in Australia ?
YES! And 83 other states as domestic law for international sales
What is the scope of application ?
Art 1.1(a): CISG applies because a sale is concluded between a buyer and seller with plans of business in two different CISG states
Art 1.1(b): where the rules of private international law lead to the application of the law of the contracting state
What are some exclusions from the CISG ?
Exclusions if certain types of transactions: Art 2(a)-(c)
Exclusion of subject matter: arts 4-5
Exclusions of certain specific goods in art 2(d)-(f) and art 3
What is an example of exclusions of certain types of transactions in Art 2(a)-(c)?
Consumer sales, auctions or executions or other sale by authority or law, sale of securities
What is an example of an exclusion of subject matter in Arts 4-5
1) validity
2) effect on property
3) product liability
What is an example of exclusions of certain specific goods in Art 2(d)-(f) and Art 3?
Ships, aircrafts, electricity, property, plus contracts for which labour is he predominate portion
How do declarations / reservations affect the uniformity of the CISG?
They illustrate the relationship between public law and private law - it tailormakes a flexible convention.
Always check if a state has made declarations as yes it does affect uniformity
What are some reservations that may PROHIBIT the application of the CISG?
Art 93: the CISG may not extend to all the territories of a federal state
Art 94: the CISG may not apply between states who reciprocally agree to this
Art 95: the CISG cannot apply through Art 1.1(a).. MOST applied declaration!
What are some reservations that LIMIT the application of the CISG?
Art 92: where either Part II or Part III is excluded.
This reflects the fact that the CISG is a “double convention” embodying the ULF and ULIS
^^^ luckily not in place anywhere ATM
What are some reservations that alter the content of the CISG?
Art 96: where art 11 on oral contracts can be made inapplicable, requiring writing
How do we share an international sales law ? (In regards to uniformity)
The convention creates textual uniformity but only courts can create applied (actual) uniformity
CISG case law illustrates HOMEWARD trends in interpretation and application
What is the CISG hierarchy?
Contract
Custom
Convention
What does article 6 state?
Party autonomy respected under the CISG
What are the limits of party autonomy ?
Mandatory law- improved terms, carriage of goods by sea act
Public policy - underpin governance
