Part I - Sphere of application and general provisions

Question 1

Part 1, Chapter 1

Answer 1

Sphere of application, art. 1-6

Question 2

Art. 1(1)(a)

Answer 2

The geographical scope.

Application conditions:

• Sale of goods contract
• Place of business in two different states
• Both states are contracting states

Question 3

Art. 1(1)(b)

Answer 3

The substantive scope.

Application conditions:

• Sale of goods contract
• Place of business in two different states
• Private international law lead to application

Question 4

Art. 1(2)

Answer 4

CISG does not apply when it was not known that the parties were from two different states, before or at the time of the conclusion of the contract.

Example: when buyer B placed in state D, discusses a contract with agent A placed in state D, who is working on behalf of seller S, placed in state C.
(Commentary Note 9 for art. 1)

Question 5

Art. 1(3)

Answer 5

Things which are taken into consideration when determining application:

• Nationality of the parties
• Civil or commercial character of the parties
• Civil or commercial character of the contract

It is only the places of business.

Question 6

Art. 2(a-f)

Answer 6

The CISG does not apply to:

(a) : sales of goods bought for personal, family or household use, including a good faith condition for the seller
(b) : auction
(c) : execution, by authority of law
(d) : sales of stocks, shares, investment securities, negotiable instruments or money
(e) : sales of ships, vessels, hovercraft or aircraft
(f) : sales of electricity

Question 7

Art. 3(1)

Answer 7

Supply of goods to be manufactured or produced are sales, unless the buyer supplies a substantial part of the goods.

Question 8

Art. 3(2)

Answer 8

The CISG does not cover sales, when the preponderant part of the sale is labour or other services.

Question 9

Art. 4, main rule

Answer 9

Governs the formations of the contract of sale sand the rights and obligations of both the buyer and the seller, conducting such a contract.

Question 10

Art. 4(a), exception

Answer 10

(Unless expressly provided in the convention it does not cover)
Validity of the contract, its provision and usage

Question 11

Art. 4(b), exception

Answer 11

(Unless expressly provided in the convention it does not cover)
Passing of property in goods sold

Question 12

Art. 5

Answer 12

Does not cover death or personal injury caused by the goods to any person

Question 13

Art. 6

Answer 13

Possibility of excluding the application of the convention, or subject to art. 12 derogate from or vary the effect of provisions

Question 14

Part 1, Chapter 2

Answer 14

General provisions

Question 15

Art. 7(1)

Answer 15

Interpretation of the convention with regards to the international character, need to promote uniformity in application and observance of good faith

Question 16

Art. 7(2)

Answer 16

Matters governed by the convention but not expressly settled, must be solved using general principles

OR

In absence of such principles, conformity with the law applicable by virtue of the rules of private international law.

Question 17

Art. 8(1)

Answer 17

Interpretation according to the party’s intent, if the other party new or could not have been unaware of this intent

Question 18

Art. 8(2)

Answer 18

If art. 8(1) is not applicable, interpretation must happen according to the understanding of a reasonable person of the same king

Question 19

Art. 8(3)

Answer 19

To interpret intent or reasonable person we use:

• Negotiations,
• Practices between the parties,
• Usages and
• Subsequent conduct

Question 20

Art. 9(1)

Answer 20

The parties are bound by usages and practices established between them

Question 21

Art. 9(2)

Answer 21

Impliedly agree to a more widely observed usage in the branch of international trade, if

1) both parties knw or ought to have known AND
2) a practice widely known and regularly observed by parties to contract of the type involved in the specific trade

Question 22

Art. 10(a)

Answer 22

If a party has more than one place of business, the place of business is that which has the closest relationship to the contract AND its performance,
having regard to the circumstances known to or contemplated bt the parties at any time before or at the conclusion of the contract

Question 23

Art. 10(b)

Answer 23

if there is no place of business, reference is to be made to his habitual residence

Question 24

Art. 11

Answer 24

A written conclusion nor in other form of the contract is necessary. A contract can be proved by any means.

Question 25

Art. 12

Answer 25

Art. 11, 29 or part II of the convention will not be applicable in contracts with a party who has his place of business in a state with an art. 96 declaration.

Question 26

Art. 13

Answer 26

Writing includes telegram and telex.

Modern interpretation: e-mail or any other electronic data exchange