الشكلية في ضوء اتفاقية البيع الدولي للبضائع (CISG)

Abstract

The legal systems are differ in the point of writing contracts some of the statets found mired in formalities and tight writing, and others found free from all those restrictions to make satisfaction is the basis of doing business among the parties. Because of this difference tried Convention of the International Sale of Goods (CISG) balance between them, allow for involved stetes it to make a reservation issue formalism in general and writing in particular, in the article (96), and under this reservation States are entitled to bind the parties to observe formalities provided for in their national laws, despite try this Agreement to be free from all restrictions formality, but it was keen to respect the legal systems of the stetes that are is keen on such formalities. And in the same time this agreement allowed the parties to exclude or modify some of their clauses in an article (6), and during the two preceding articles, we find that the agreement had given the right to modify or exclude certain texts related to involved states it sometimes, and sometimes other parties. and the effect of obligation or non- obligation writing is not limited to the scope of transactions and contracts national only, but also includes international trade contracts and Wide - scope and legal effect, which naturally extends to the parties to the contract wherever they are, that international trade contracts and as is well known that combines trade rules and the rulesinternational law, so the conclusion of such contracts is based in most cases to a specialized international trade agreements.