Chapter 8
United Nations Convention on the Sale of Goods (CISG) or Vienna Convention
- UN convention with substantive law on the international sale of goods.
- Only regulates the law of obligations, does not regulate property law.
- Includes rules on the passing of risk from the seller to buyer.
- The CISG has some lacunae (onvolledigheid) such as regarding interest rates
- Only applies to the sale of goods and only to international sales
- Does not govern the validity of a contract
- Includes the obligations of the buyer and seller
- Regulates the formation of a contract
Offers
- An offer is valid the moment it reaches the other party. The person making the offer
can withdraw up to and including the moment the offer reaches the other party,
article 15 CISG.
- Up to the moment the person receiving the offer sends his acceptance the person
making the offer can revoke the offer, unless the offer is irrevocable, article 16 CISG.
- An offer has to be accepted within reasonable time, article 18 under 2 CISG.
- The acceptance can be oral. It doesn’t have to be written.
Obligations on the seller, article 30
- Deliver the goods, including documents
- Transfer property of goods
- Deliver the goods agreed upon in the contract, article 35 CISG
Obligations on the buyer, article 53 CISG
- Take delivery
- Pay the price
- Examine the goods within as short a period as is practicable in the circumstances
Remedy for breach of contract
- Claim of damage
o When the buyer doesn’t pay, or the seller doesn’t deliver they can claim
compensation.
- Requiring performance
o When the delivered goods aren’t in accordance with the contract the buyer
can demand substitute goods.
- Declare it avoided
o If the buyer or seller do not perform or not perform according to the contract
the other party can terminate the contract.
United Nations Convention on the Sale of Goods (CISG) or Vienna Convention
- UN convention with substantive law on the international sale of goods.
- Only regulates the law of obligations, does not regulate property law.
- Includes rules on the passing of risk from the seller to buyer.
- The CISG has some lacunae (onvolledigheid) such as regarding interest rates
- Only applies to the sale of goods and only to international sales
- Does not govern the validity of a contract
- Includes the obligations of the buyer and seller
- Regulates the formation of a contract
Offers
- An offer is valid the moment it reaches the other party. The person making the offer
can withdraw up to and including the moment the offer reaches the other party,
article 15 CISG.
- Up to the moment the person receiving the offer sends his acceptance the person
making the offer can revoke the offer, unless the offer is irrevocable, article 16 CISG.
- An offer has to be accepted within reasonable time, article 18 under 2 CISG.
- The acceptance can be oral. It doesn’t have to be written.
Obligations on the seller, article 30
- Deliver the goods, including documents
- Transfer property of goods
- Deliver the goods agreed upon in the contract, article 35 CISG
Obligations on the buyer, article 53 CISG
- Take delivery
- Pay the price
- Examine the goods within as short a period as is practicable in the circumstances
Remedy for breach of contract
- Claim of damage
o When the buyer doesn’t pay, or the seller doesn’t deliver they can claim
compensation.
- Requiring performance
o When the delivered goods aren’t in accordance with the contract the buyer
can demand substitute goods.
- Declare it avoided
o If the buyer or seller do not perform or not perform according to the contract
the other party can terminate the contract.
