Law 5110 Study Guide - Quiz Guide: United Nations Convention On Contracts For The International Sale Of Goods, United Nations Commission On International Trade Law, Habitual Residence
Document Summary
Globalization/internationalization and legal harmonization (the benefits: diminishes legal diversity, minimization of transactional costs, however lost of autonomy (to some degree, facilitating international commerce. International conventions (e. g. cisg, hvr, cmr: eu law (e. g. brussels regulations, soft law (e. g. uncitral, national law, self-regulation. Un convention on contracts for the international sale of goods: signed in vienna in 1980, 83 contracting states. Not signed on: uk, portugal, ireland and malta: as of 2009, over 2500 cases related to the cisg, problem: Many parties do explicitly opt out of it. Substantive shortcomings: according to some empirical research, companies have stated: Plays virtually no role in us contract practice . Cisg: gaps in coverage: art 4(a): cisg does not deal with: If there are such issues that pil must be considered, however cisg will still be. Issues of fairness, mistake, fraud etc. applicable if pil rules refer to contracting state of cisg: art 6: parties can opt out, as cisg is merely the default rule.
