INTRODUCTION
The Vienna Convention on International Sale of Goods [The Vienna Convention] is by far not the first attempt to harmonize international commercial code – there is a history of efforts to harmonization that goes back to the beginning of the 20th century. In 1930 the International Institute for the Unification of Private Law [UNIDROIT] was created in Europe. It developed its first draft sales law in 1935 and resumed its efforts in 1951 producing a draft commercial code which was circulated until the early 1960’s.
The first successful intermediate stage was reached, when in 1964 The Hague Conference adopted the Uniform Law for the International Sale of Goods [ULIS] and the Uniform Law for the Formation of Contracts [ULF]. High expectations accompanied the signing of the Hague Convention on Sales, but only a small number of countries ratified the Hague Convention and its application was strictly reduced to these member states. “It was especially disappointing that the Hague Conventions were not ratified by some of the signatory states – such as France and the United States – which had exercised considerable influence on the formulation of their rules.”
Despite the partial failure of the Hague Conventions international efforts to harmonization of sales law were still going on. In 1966 the United Nations founded The United Nations Commission on International Trade Law [UNCITRAL] which gave top priority to establishing a uniform international trade law. The efforts of a group comprised of 14 nations lead to the first draft text of the United Nations Convention on Contracts for the International Sale of Goods [CISG] which was “deliberated at the eleventh session of UNCITRAL in 1978 in New York” and then circulated “among the governments of UN member states for their opinions and comments”. In 1980 CISG was concluded at the Vienna Convention and came into force in 1988. Today almost 60 countries have adopted CISG amongst which are most of the member states of the European Union (not the UK), USA, Canada, Australia and others.
Inhaltsverzeichnis (Table of Contents)
- INTRODUCTION
- QUESTION PART 1
- PRINCIPLES OF CONTRACT LAW AND THEIR APPLICATION IN THE VIENNA CONVENTION.
- ARTICLES INFLUENCED BY CIVIL LAW
- The Notion of Consideration
- The Effectiveness of an Acceptance
- Specific Performance
- Granting of an Additional Time Period ("Nachfrist")
- Reduction of Price
- Interpretation Rules and Gap-Filling
- ARTICLES INFLUENCED BY COMMON LAW
- The Revocability of an Offer
- The Concept of Delivery
- The Breach of Contract
- ARTICLES INFLUENCED BY CIVIL LAW
- CONCLUSION QUESTION PART 1.
- QUESTION PART 2.
- WHY IS TRANSFER OF PROPERTY NOT GOVERNED BY CISG?
- DIFFERENT APPROACHES TO THE TRANSFER OF PROPERTY
- CONCLUSION QUESTION PART 2
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
The objective of this essay is to analyze the Vienna Convention on the International Sale of Goods (CISG) and its influence by legal traditions. It examines whether the Convention is overly influenced by civil law principles compared to common law principles. The essay delves into specific articles within CISG, comparing their application to both legal systems. Additionally, it investigates whether CISG should include a rule on the passing of property.
- Influence of Civil Law on CISG
- Influence of Common Law on CISG
- Harmonization of International Sales Law
- The Notion of Consideration in Contract Law
- The Transfer of Property in International Sales
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter discusses the historical development of the Vienna Convention, tracing its origins from previous attempts at harmonizing international commercial law. It highlights the role of organizations like UNIDROIT and UNCITRAL in shaping the Convention.
- Question Part 1: This chapter poses the central question of whether the Vienna Convention leans too heavily on civil law principles, potentially impacting its applicability to common law countries. It acknowledges the subjectivity of the question and the potential for different interpretations depending on legal backgrounds.
- Principles of Contract Law and their Application in the Vienna Convention: This chapter examines specific articles within CISG, comparing their alignment with civil law and common law principles. It discusses the notion of consideration, the effectiveness of acceptance, and other relevant provisions.
- Conclusion Question Part 1: This chapter concludes the discussion on the influence of legal traditions on CISG, summarizing the analysis presented in the previous chapter.
- Question Part 2: This chapter poses the question of why the transfer of property is not covered by CISG.
- Why is Transfer of Property Not Governed by CISG?: This chapter explores the reasons behind the omission of a rule on the transfer of property in CISG.
- Different Approaches to the Transfer of Property: This chapter examines diverse approaches to the transfer of property in international sales law.
- Conclusion Question Part 2: This chapter concludes the analysis of the transfer of property in CISG.
Schlüsselwörter (Keywords)
The main keywords and focus topics of this essay include the Vienna Convention on International Sale of Goods (CISG), international sales law, contract law, legal traditions, civil law, common law, consideration, acceptance, transfer of property, harmonization, UNIDROIT, UNCITRAL, ULIS, and ULF. These terms represent the central themes and research areas explored in the essay.
- Citation du texte
- Benjamin Mahr (Auteur), 2004, Is the Vienna Convention on international sale of goods too much influenced by civil law and should it contain a rule on the passing of property?, Munich, GRIN Verlag, https://www.grin.com/document/28078
