![]() The third part of the CISG deals with the obligations of the parties to the contract. The second part of the CISG deals with the formation of the contract, which is concluded by the exchange of offer and acceptance. Certain matters relating to the international sales of goods, for instance, the validity of the contract and the effect of the contract on the property in the goods sold, fall outside the Convention's scope. ![]() It may also apply by virtue of the parties' choice. It applies to contracts for sale of goods between parties whose places of business are in different Contracting States, or when the rules of private international law lead to the application of the law of a Contracting State. The CISG governs contracts for the international sales of goods between private businesses, excluding sales to consumers and sales of services, as well as sales of certain specified types of goods. ![]() Those merchants would therefore derive particular benefit from the default application of the fair and uniform regime of the CISG to contracts falling under its scope. The same enterprises and traders may also be the weaker contractual parties and could have difficulties in ensuring that the contractual balance is kept. Thus, they are more vulnerable to problems caused by inadequate treatment in the contract of issues relating to applicable law. In this latter case, the CISG provides a neutral body of rules that can be easily accepted in light of its transnational nature and of the wide availability of interpretative materials.įinally, small and medium-sized enterprises as well as traders located in developing countries typically have reduced access to legal advice when negotiating a contract. Moreover, the CISG may apply to a contract for international sale of goods when the rules of private international law point at the law of a Contracting State as the applicable one, or by virtue of the choice of the contractual parties, regardless of whether their places of business are located in a Contracting State. In these cases, the CISG would apply directly, avoiding recourse to rules of private international law to determine the law applicable to the contract, adding significantly to the certainty and predictability of international sales contracts. The adoption of the CISG provides modern, uniform legislation for the international sale of goods that would apply whenever contracts for the sale of goods are concluded between parties with a place of business in Contracting States. It has also inspired contract law reform at the national level. The resulting text provides a careful balance between the interests of the buyer and of the seller. The CISG is the result of a legislative effort that started at the beginning of the twentieth century. The CISG is therefore considered one of the core international trade law conventions whose universal adoption is desirable. The contract of sale is the backbone of international trade in all countries, irrespective of their legal tradition or level of economic development. Thus, the CISG contributes significantly to introducing certainty in commercial exchanges and decreasing transaction costs. ![]() The purpose of the CISG is to provide a modern, uniform and fair regime for contracts for the international sale of goods.
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