Abstract
In the practice of sales contracts there are several possible ways in which the seller fails to fulfill his obligations under contract, including: non-delivery or delay in delivery of goods, delivery of non-conforming goods, failure to hand over any documents relating to them and failure in transfer property in the goods. A substantial portion of all sales litigation relates to conformity of goods i.e. in that they do not conform to that which has been agreed. The purpose of this paper is to examine the legal provisions of the United Nations Convention on Contracts for the International Sale of Goods (hereafter CISG) and the Law on Obligations of the Republic of Macedonia (hereafter Law) which regulate the issue of conformity of the goods. Article 35 is the central article of the CISG according to which the goods must conform in the first place to the quantity, quality and description required by the contractual provisions and to be contained or packaged in the manner required by the contract. On the other hand, Article 467 (supplemented by Article 480 and Article 481) of the Law speaks to defects in goods instead of examining issues such a quality, description or packing of the goods. Considering this different approach between two articles the author through the comparative method will aim to highlight the similarities and differences between these two legal instruments in terms of conformity of goods with the contractual agreement. DOI: 10.5901/ajis.2015.v4n2s1p85
Highlights
In disputes arising from contracts of sale of goods, one of the most important issues to meet in practice, is that of conformity, namely non-conformity of goods with the contract
In the absence of contrary agreement, the goods must be fit for ordinary use. This corresponds to the rule in both instruments: “the goods do not conform with the contract unless they are fit for the purpose for which goods of the same description would ordinarily be used” (Article 35(2)(a) of the CISG); “the deficiencies exist if the goods do not have the characteristics necessary for its ordinary use or movement” (Article 467(1) of the Law)
From a comparative examination of the non-conformity of goods in a sales contract under regulations prescribed by the CISG and the Law, some conclusions emerge
Summary
In disputes arising from contracts of sale of goods (whether domestic or international), one of the most important issues to meet in practice, is that of conformity, namely non-conformity of goods with the contract. Article 30 of the CISG provides that: “The seller must deliver the goods (...) as required by the contract and this Convention.”. Article 35 is based on a uniform concept of conformity: requiring the seller to deliver goods that will meet contractual requirements (quantity, quality, description and packaging of goods), and establishing requirements in the form of standards which will become mandatory for the seller only as determines this provision “if the parties have agreed otherwise.”. The Law speaks separately to material deficiencies and the quantity of goods It on Article 467 defines what constitutes a material deficiencies of goods in relation to their features, while deficiencies are grouped into four groups depending on whether it was contracted in connection of the features of goods and whether the seller knew for what purpose the buyer buys goods (ɑɚɜɞɚɪ 2001, 650). In Articles 480 and 481 is not defined the quantity feature, instead both regulated the situations where provided less or more than the contracted quantity between parties
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