Ljubica Tomić

Managing Partner

15. 11. 2019.

Application of Convention on Contracts for the International Sales of Goods

Summary

The subject of this paper is analysing the sphere of application of the United Nations Convention of Contracts for the International Sale of Goods, as well as the application of some of the institutes of this Convention, to which legal practitioners of the continental legal systems should pay particular attention, such as the offer and acceptance of the offer, fundamental breach of contract and non-conformity of goods. The significance of this Convention lies in its balance regarding the rights and obligations of the buyer and seller, in nearly 40 years of its practical application worldwide, in the growing number of contracting countries (which is 89 as of July 2019), and in fact that places of business of majority of economically relevant partners are located on territories of contracting countries. Also, accessibility of the well-organized databases of court and arbitration case law during the long-standing practical application of the Convention is another argument supporting legal certainty of the application of the Convention.

Key words: Convention on Contracts for the International Sale of Goods, CISG, Vienna Convention, international sale of goods, unification of law, offer, acceptance of offer, fundamental breach of contract, non-conformity of goods, legal certainty

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