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    Overview of Cisg

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    The CISG was developed in 1980 to standardize international sales law and has been adopted by 78 countries. It addresses issues like when a contract is formed, the obligations of buyers and sellers, and what laws govern international sales transactions. The CISG is divided into four parts covering the sphere of application, formation of contracts, obligations of parties, and a final section on reservations allowed. It aims to provide uniform rules and guidelines for resolving international commercial disputes.

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    Overview of Cisg

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    ankitaguru
    158 views13 pages
    The CISG was developed in 1980 to standardize international sales law and has been adopted by 78 countries. It addresses issues like when a contract is formed, the obligations of buyers and sellers, and what laws govern international sales transactions. The CISG is divided into four parts covering the sphere of application, formation of contracts, obligations of parties, and a final section on reservations allowed. It aims to provide uniform rules and guidelines for resolving international commercial disputes.

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    The CISG was developed in 1980 to standardize international sales law and has been adopted by 78 countries. It addresses issues like when a contract is formed, the obligations of buyers and sellers, and what laws govern international sales transactions. The CISG is divided into four parts covering the sphere of application, formation of contracts, obligations of parties, and a final section on reservations allowed. It aims to provide uniform rules and guidelines for resolving international commercial disputes.

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    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    158 views13 pages

    Overview of Cisg

    Uploaded by

    ankitaguru
    The CISG was developed in 1980 to standardize international sales law and has been adopted by 78 countries. It addresses issues like when a contract is formed, the obligations of buyers and sellers, and what laws govern international sales transactions. The CISG is divided into four parts covering the sphere of application, formation of contracts, obligations of parties, and a final section on reservations allowed. It aims to provide uniform rules and guidelines for resolving international commercial disputes.

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    of 13

    General Overview of the CISG

    Monday, October 4, 2010

    Brief History
    The CISG was developed by UNCITRAL and signed

    in Vienna in 1980

    The CISG replaced the less successful ULIS

    There are currently 78 Signatory Nations

    San Marino will be the 79th when the CISG becomes effective
    there on January 3rd, 2013

    Major Holdouts: India, Brazil, England

    Structure of the
    CISG
    I.I Sphere of Application
    I.II General Provisions
    II Formation of the
    Contract

    Articles 1-6 answer the basic

    question of when the CISG


    applies to a transaction

    III.I General Provisions


    III.II Obligations of the
    Seller
    III.III Obligations of the
    Buyer
    III.IV Passing of Risk
    III.V Provisions Common
    to Obligations of the
    Seller and of the Buyer
    IV Final Provisions

    Art. 1 Basic Applicability


    Art. 2 Sales excluded from the CISG
    Art. 3 Transactions excluded from the
    CISG
    Arts. 4-5 What does the CISG govern?
    Art. 6 Ability to derogate from
    the CSIG

    Structure of the
    CISG
    I.I Sphere of Application
    I.II General Provisions
    II Formation of the
    Contract

    Articles 7-13 explain how to

    interpret various facts, evidence,


    and the text of the convention

    III.I General Provisions


    III.II Obligations of the
    Seller
    III.III Obligations of the
    Buyer
    III.IV Passing of Risk
    III.V Provisions Common
    to Obligations of the
    Seller and of the Buyer
    IV Final Provisions

    Art. 7 interpreting the text of the


    convention
    Art. 8 interpreting statements of the
    parties
    Art. 9 - Trade Usage
    Art. 11 No Writing Requirement*

    Structure of the
    CISG
    I.I Sphere of Application
    I.II General Provisions

    Articles 14-24 answer whether

    there is a contract and what it


    contains

    II Formation of the
    Contract

    III.I General Provisions

    III.II Obligations of the


    Seller

    Arts. 14-15 definition of an offer and


    when it becomes effective
    Art. 16 revocation of an offer
    Art. 17 effect of rejection
    Art. 19 nonmatching acceptance

    III.III Obligations of the


    Buyer
    III.IV Passing of Risk
    III.V Provisions Common
    to Obligations of the
    Seller and of the Buyer
    IV Final Provisions

    Material alterations = Rejection and


    counter offer
    Immaterial alteration = Acceptance
    without immediate rejection

    Structure of the
    CISG
    I.I Sphere of Application
    I.II General Provisions
    II Formation of the
    Contract
    III.I General Provisions
    III.II Obligations of the
    Seller
    III.III Obligations of the
    Buyer
    III.IV Passing of Risk
    III.V Provisions Common
    to Obligations of the
    Seller and of the Buyer
    IV Final Provisions

    Art. 25 what breaches are

    fundamental?
    Art. 26 avoidance (where
    available) is only effective through
    notice to the other party
    Art. 27 no liability for errors in
    transmission of communications
    Art. 29 Modification of
    contracts

    Structure of the
    CISG
    I.I Sphere of Application
    I.II General Provisions
    II Formation of the
    Contract
    III.I General Provisions
    III.II Obligations of the
    Seller
    III.III Obligations of the
    Buyer
    III.IV Passing of Risk
    III.V Provisions Common
    to Obligations of the
    Seller and of the Buyer
    IV Final Provisions

    Section I. Delivery of the Goods

    and Handing Over of Documents

    Arts. 31-34

    Section II. Conformity of the

    Goods and Third Party Claims

    Arts. 35-44

    Section III. Remedies for Breach

    of Contract by the Seller

    Arts. 45-52

    Structure of the
    CISG
    I.I Sphere of Application
    I.II General Provisions
    II Formation of the
    Contract
    III.I General Provisions
    III.II Obligations of the
    Seller
    III.III Obligations of the
    Buyer
    III.IV Passing of Risk
    III.V Provisions Common
    to Obligations of the
    Seller and of the Buyer
    IV Final Provisions

    Section I. Payment of the Price

    Arts. 54-59

    Section II. Taking Delivery

    Art. 60

    Section III. Remedies for Breach

    of Contract by the Buyer

    Arts. 61-65

    Structure of the
    CISG
    I.I Sphere of Application
    I.II General Provisions
    II Formation of the
    Contract
    III.I General Provisions
    III.II Obligations of the
    Seller
    III.III Obligations of the
    Buyer
    III.IV Passing of Risk
    III.V Provisions Common
    to Obligations of the
    Seller and of the Buyer
    IV Final Provisions

    Articles 65-70 explain when the

    risk of loss transfers from the


    seller to the buyer in various types
    of transactions

    Structure of the
    CISG

    Section I. Anticipatory Breach and

    Installment Contracts

    I.I Sphere of Application


    I.II General Provisions
    II Formation of the
    Contract
    III.I General Provisions
    III.II Obligations of the
    Seller
    III.III Obligations of the
    Buyer
    III.IV Passing of Risk
    III.V Provisions Common
    to Obligations of the
    Seller and of the Buyer
    IV Final Provisions

    Arts. 71-73

    Section II. Damages

    Arts. 74-77

    Section III. Interest


    Section IV. Exemptions

    Arts. 79-80

    Section V. Effects of Avoidance

    Arts. 81-84

    Section VI. Preservation of the

    Goods

    Arts. 85-88

    Structure of the
    CISG
    I.I Sphere of Application
    I.II General Provisions
    II Formation of the
    Contract
    III.I General Provisions
    III.II Obligations of the
    Seller
    III.III Obligations of the
    Buyer
    III.IV Passing of Risk
    III.V Provisions Common
    to Obligations of the
    Seller and of the Buyer
    IV Final Provisions

    Articles 95-98 govern what nation

    reservations are permitted within


    the convention
    Art. 95 Reserving nations will
    not be bound by Art. 1(1)(b)
    Art. 96 Reserving nations can
    choose to have a writing
    requirement when they have such
    a domestic requirement

    Guidelines for Analysis

    Does the CISG apply? (Article 1)


    Is there a contract? Offer (Art. 14) Acceptance (Art. 18)
    What did the parties intend to do? (Art. 8)
    Was there any trade usage or course of dealings? (Art. 9)
    What are the sellers obligations? (Art. 30)
    What is the standard for non-conformity? (Art. 35)
    Did the buyer properly inspect the goods? (Art. 38)
    Was there proper notice of the non-conformity? (Art. 39)

    How to Research CISG issues


    Online Resources

    Print Resources

    Electronic Library on

    Schlechtriem & Schwenzer

    International Commercial Law


    and the CISG (Pace University)

    Database old CISG decisions


    sorted by Year, by Issue, and by
    Forum
    Thesaurus of issues

    CISG Full Text


    2012 UNCITRAL Digest on

    Case Law

    Commentary on the CISG


    Honnold & Flechtner Uniform
    Law of International Sales
    Under the CISG

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