CISG

Question 1

Application

Answer 1

The application of the CISG takes precedence
over national law, unless the applicability of
the CISG has been validly excluded by
contractual agreement.

Question 2

General information

Answer 2

in force since January 1988
International treaty/multilateral uniform
international sales treaty
93 member states (as of: July 2017)
 India and the United Kingdom are not
contracting partners to this treaty!
Languages: Arabic, Chinese, English, French,
Russian, Spanish

Question 3

Material Scope

Answer 3

Contracts for the supply of
goods or manufacture of
goods – movable physical
objects (bewegliche
körperliche Gegenstände)
Exceptions: Articles 2 and 3
CSIG (e.g. privately used goods,
securities, the party who orders
the goods must supply materials
essential for the manufacture or
production);
Art. 4: validity of contract and
transfer of property

Question 4

Territorial Scope

Answer 4

The contracting parties must
have their places of business in
different states (Art. 1 (1) lit. a)
OR
ROME I Regulation applies (see
Art. 1 (1) lit. b)
The international element
(Auslandsbezug) must
objectively be recognisable for
the contracting parties (Art. 1 (2))

Question 5

Temporal Scope

Answer 5

Offer to conclude a contract or
formation of the contract takes
place from the day that the
convention of the contracting
states enters into force.
Both states of the parties must
be "contracting states"

Question 6

Examination of the applicability of CISG

Answer 6

I. Contract for the supply of goods, Art. 1 (1)
II. No exclusion under Art. 3 (1) and Art. 3 (2)
III. No exclusion under Art. 2
IV. Conclusion of a contract between parties having their place of business in
different states, Art. 1 (1)
V. One of the following criteria must be met:
I. Both states are CISG contracting states, Art. 1 (1) lit. a) or
II. Reference to the rules of a state (International Private Law, IPL), which
is a CISG contracting state, Art. 1 (1) lit. b
VI. No valid exclusion of the applicability of the CISG by party agreement, Art. 6

Question 7

Excursus: Incoterms 2010

Answer 7

• 11 trade clauses of the International Chamber of Commerce (Paris)
• No statutory provisions, but standardised contract clauses
• Voluntary use of clauses in international supply contracts
• Official rules for the interpretation of the clauses are automatically
  applicable (ICC publication no. 715, edition 2010)
• Specification of the place of delivery and an explicit reference to the
  Incoterms (+ version) must be part of every clause

Question 8

Summary of Basic Incoterms Attributes

Answer 8

E term: Seller has no carriage obligation, risk passes to buyer at seller place
of business when goods are made available to buyer.
F term: Seller is obligated to deliver to carrier at own cost and own risk, after
which risk passes. Buyer assumes costs.
C term: Seller is obligated to deliver to carrier. Risk passes at delivery but
seller pays cost of carriage to defined/named destination.
D term: Seller is obligated to deliver and the risk only passes when delivered
at the defined/named destination

Question 9

EXW Ex Works

Answer 9

“Ex Works” means that the seller delivers when he places the goods
at the disposal of the buyer at the seller’s premises or at another
named place (i.e.,works, factory, warehouse, etc.). The seller does not
need to load the goods on any collecting vehicle, nor does he need to
clear the goods for export, where such clearance is applicable.

Question 10

CPT Carriage Paid To

Answer 10

“Carriage Paid To” means that the seller delivers the goods to the
carrier or another person nominated by the seller at an agreed place
and that the seller must contract for and pay the costs of carriage
necessary to bring the goods to the named place of destination.