International Sale Research Articles

국제물품매매거래에서 CISG상 지식재산권 침해 물품 인도에 따른 매도인의 책임에 관한 연구: CISG 자문위원회의 Black Letter Rule을 중심으로

Purpose: This study explores the liability of sellers of goods that infringe Article 42 of the United Nations convention on Contracts for the International Sale of Goods (CISG) based on the official opinion of the CISG Advisory Council. Research design, data, and methodology: The requirements for seller liability under Article 42(1) of the CISG includes the seller's awareness and geographic limitations. This study also examines the requirements for seller immunity under Article 42(2), including the buyer's expectation of awareness and investigation. Results: M ost o f t he e xisting o pinions a nd t he o fficial o pinions o f t he C ISG A dvisory Council seem to be consistent with the responsibility of the seller who delivers goods infringing on intellectual property rights. However, regarding the timing for determining the suitability of rights to the goods, there are areas where opinions are different from those of scholars who view them as a transfer of risk. Conclusions: The CISG Advisory Council's official opinion appears to be a reasonable interpretation of Article 42 taking into account its purpose, which is to protect the interest of the purchaser in the free use of goods that are not subject to third-party rights or claims, the Secretariat's commentary on the Convention's legislative history, and the existing views of scholars. Therefore, practitioners should prepare for related situations by referring to the official opinion of the CISG Advisory Council on Article 42 of the CISG.

The "Detriment" as a Prerequisite for Fundamental Breach of Contract: Effect of Case Law on Making a Better Uniform Understanding of CISG Article 25

This study examined the Detriment as a Precondition for Fundamental Breach of contract. Fundamental breach is one of the key doctrines used by the United Nations Convention on Contracts for the International Sale of Goods(CISG hereafter) -namely the doctrine of fundamental breach of contract provided for in article 25. Based on this article detriment means a substantial deprivation of a party of what he is entitled to expect under the contract. To determine whether or not the term detriment equal damages, article 25 CISG does not contain any definition or examples to clarify the term 'detriment'. This study explored this notion in light of the large number of courts' decisions related to article 25. The study ended to a certain fact that case law is the correct way to achieve uniformity in understanding CISG article 50, and to establish some directions, which hopefully will benefit to reach a uniform interpretation of the "detriment" notion.

Exemption from liability under Article 79 of the United Nations Convention on Contracts for the International Sale of Goods: general characteristics and conditions of application

Exemption from liability under Article 79 of the United Nations Convention on Contracts for the International Sale of Goods: general characteristics and conditions of application

Interpretation and application of the CISG by the Supreme Court of the Republic of Latvia: an analysis of the judgment in the Boom Conveyor case

Abstract The judgment of the Supreme Court of the Republic of Latvia in Boom Conveyor provides an interpretation of Articles 38 and 39 of the United Nations Convention on Contracts for the International Sale of Goods (CISG). As there have not been many cases in Latvia in which the Supreme Court applies the CISG, this judgment offers a rather rare chance to analyse how Latvia’s Supreme Court interprets and applies the Convention. This article provides an analysis of the Court’s judgment and concludes that, unfortunately, the Court misinterpreted the CISG and missed a good chance to establish a sound practice in the interpretation of the CISG in Latvia.

The update obligation for smart products under the EU Sale of Goods Directive: the seller’s right of redress and the CISG

Abstract This article examines the issue of the overlap between the 1980 UN Convention on Contracts for the International Sale of Goods (CISG) and the rules governing the final seller’s right of redress adopted in the European Union’s (EU) 2019 Sale of Goods Directive (SGD). In this context, the article focuses on the seller’s update obligation introduced by the SGD. Under the SGD, the final seller has an obligation to ensure that the consumer who purchases goods with digital elements is supplied with the updates that are necessary for the goods to perform their functions. This update obligation has been imposed on the final seller even though they are normally not the party responsible for the supply of updates. It has been assumed that the interests of the final seller are sufficiently protected if they are granted a right of redress against the persons liable in the distribution chain. However, this article argues that the right of redress may not be available to the final seller in cases in which the CISG applies to the contract based on which they purchased the goods from their supplier. Still, this article argues that, even though the text of the CISG was finalized in 1980, the Convention can accommodate the seller’s update obligation as understood under the SGD. Nevertheless, the interests of the final seller cannot be satisfactorily protected because of limits imposed by Article 39(2) of the CISG.

The Legal Basis and Application Approach of Article 42 of the United Nations Convention on Contracts for the International Sale of Goods

The Legal Basis and Application Approach of Article 42 of the United Nations Convention on Contracts for the International Sale of Goods

Validity of International Sales Contracts According to the United Nations Convention on Contracts of the International Sale of Goods 1980

Validity of International Sales Contracts According to the United Nations Convention on Contracts of the International Sale of Goods 1980

Role of Option of Sight (Khayar Al-Ro’ya) in Protecting the Buyer in International Sale Contract

Role of Option of Sight (Khayar Al-Ro’ya) in Protecting the Buyer in International Sale Contract

The Conditions and Manner of Executing the Contract with The Substitute Goods Are in The International Sales Convention and Subject Rights

Considering the expansion of international relations and the need for uniform laws in the international arena in recent decades, many efforts have been made to create transnational laws. The Convention on the International Sale of Goods has been developed to harmonise the laws regarding the rights of contracts so that by joining this convention, the countries will end the problems caused by the multiplicity of laws and create a uniform procedure. In a domestic or international sales contract, the seller must deliver the goods to the buyer by the terms of the contract. If the seller violates the contract and provides a defective or non-conforming product, the performance guarantee is stipulated in the Convention on the International Sale of Goods. In this research, we examine the guarantee of the right to request a replacement product. In paragraph 2 of Article 46 of the Convention, the buyer has the right to request a replacement product in case of a fundamental violation. If there is no fundamental violation of the goods and the possibility of remedying the defects of the goods, the buyer can request the removal of the defects of the goods. The institution of submission of substitute goods does not exist in Iranian law in the sense that is mentioned in the convention. Considering the non-accession of Iran, it will be useful to review the submission of substitute goods in Iran's law.

ACTION THAT CAN BE TAKEN BY THE PARTIES AS A RESULT OF DIFFERENCES IN THE RIGHT TO SUSPEND PERFORMANCE REGULATED IN CISG 1980 AND INDONESIA CONTRACT LAW

The United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG 1980) and Indonesian contract law have regulated the right to suspend performance. The arrangement is regulated by Article 71 CISG 1980 and Article 1478 of the Indonesia Civil Code (ICC). Until now, Indonesia has not ratified the CISG 1980. This may result in differences in the regulation of the right to suspend performance between CISG 1980 and the ICC. This difference can cause uncertainty for business actors from Indonesia who conduct international trade in goods with partners from CISG 1980 member countries where CISG 1980 applies to contracts that the parties have made. The uncertainty arises because if there is a conflict between the CISG 1980 and the Indonesian Contract Law, the provisions in the Indonesian Contract Law take precedence as mandatory law. This research will analyze the mechanism of the right to suspend performance regulated in CISG 1980 and Indonesia Contract Law. The research method is a comparative normative judicial research method by comparing the mechanism of suspension of the implementation of obligations contained in the CISG 1980 with the Indonesian Contract Law. This research aims to find what efforts can be made by the parties in the event of a difference between the right to suspend performance regulated in the CISG 19880 and Indonesia Contract Law. The results of this research show that the efforts that can be taken by the partiers are to derogate the applicabilityy ofg CISG 1980 as a whole or only derogate the provision of article 71 CISG 1980.

Goods International Sale Contracts Challenges in Saudi Arabia in Light of the Kingdom's Accession to the United Nations Convention on Contracts of International Sale of Goods (CISG)

Goods International Sale Contracts Challenges in Saudi Arabia in Light of the Kingdom's Accession to the United Nations Convention on Contracts of International Sale of Goods (CISG)

CISG in the digital world digital economy: data, products, and assets

Abstract This article focuses on the question of whether the United Nations Convention on Contracts for the International sale of Goods (CISG) applies to the new digital world: a world where exchange or a combination of computer programs, licenses, software, and data as well as services are part of the new digital economy. These are new phenomena that are not regulated at all, or under-regulated, in domestic legal systems where courts and scholars struggle to accommodate these new digital realities in the already existent rules and traditional contract categories and to find appropriate solutions for mixed contracts for goods and services by an expanded interpretation of the traditional rules. By contrast, a recent tendency is observed at an international level either to review the already existent uniform law instruments in order to see whether they can cover the digital economy, or to create new soft law instruments. The CISG is not immune to the ‘danger’ that soft law instruments recently drafted to cover some transactions of the digital economy might create the wrong impression that the CISG, a hard law instrument, cannot cover them.

Article: Open-Price Contracts Under the CISG: The Law in Action

The CISG is undoubtedly the most successful instrument of international trade law. While in former times the international sale of goods was regulated by domestic laws, today the international community is able to offer a truly international regime for these contracts. However, the CISG is not free from ambiguities and contradictions. One of the most famous is between Articles 14(1) and 55. This interplay has ignited the well-known academic controversy over the validity of sale of goods contracts without an agreed price under the CISG. The purpose of this article is to look at this contradiction from a different point of view. While in theory it is possible to argue that there is a stalemate between the supporters of validity of open-price contracts and their opponents, this stalemate is the law on the book. The law in practice offers a different landscape. It shows that in practice open-price contracts are regarded as valid under the CISG, although the adjudicators still struggle with the correct application of Article 55. Open-price contracts, Article 14, Article 55, agreements to agree, tentative prices, determinable price, contractual validity, market price, reasonable price.

The right to avoid the international sale of goods contract: Comparison of Viet Nam to CISG and PICC

Foreign trade is an indispensable activity in the globalization era. Researching the liabilities of parties in performing the sale contracts and the avoidance right of parties in the contracts is a vital issue. Therefore, this article compared Vietnamese Commercial Law 2005 with the United Nations Convention for the International Sale of Goods (CISG) and Principles of International Commercial Contracts (PICC) regarding the avoidance of sale contracts, including the three aspects, fundamental breach, failure in performance obligations of contract at the end of adding time, and anticipatory breach. The findings not only enable Vietnamese merchants to master international rules in establishing foreign trading but also show differences and similarities between Vietnamese law and international rules. By doing that, this article puts forward some implications for rebuilding the definition of “fundamental breach” in Vietnamese commercial law. Also, this paper suggested that the avoidance clause of the Vietnamese law should include the claim to terminate the agreement of the innocent party due to the non-performance party’s failure to fulfill contractual duties at the end of adding time, and the other party will be constituted an “anticipatory breach”.

ESG and Emotional Non-conformity of Goods in Contracts for International Sale of Goods

Purpose - It examines the potential applicability of the CISG to contracts involving the sale of goods with significant emotional value. And it addresses the issues on whether the delivery of non-compliant goods with ESG standards can be considered as an aspect of non-conformity under the CISG. Furthermore, it explores whether and how a corporate ESG codes of conduct can be duly incorporated into contract. Design/Methodology – In order to achieve the purposes of the study, it is based on a literature review which is related to the rules under the CISG as to the seller’s delivery of goods associated with emotions derived from the purchase of goods compliant with ESG standards. It mainly focuses on the rules of the CISG as to the incorporation of standard terms and the duty to deliver conforming goods. Findings – The main findings of this study are as follows. First, the view that it could be applicable based on CISG Art. 3(2) cannot be supported because emotions associated with the purchase of goods cannot be separated from the goods and treated as an independent part of the contractual obligations. Second, depending upon a matter of interpretation of contract one must sometimes incorporate minimum ESG standards into contract if the parties should have known or were expected to know in international trade for the type of transaction in question. Third, the aspects of conformity under the CISG include not only the physical conditions of the goods but also non-physical conditions which are related to various aspects of ESG standards. And as the minimum ESG standards increase due to the recent trend of social conscious consumerism, it is unreasonable not to hold the seller liable for the goods manufactured processed in a manner inconsistent with the standards only because they can be resold in a market which may damage fatally the buyer’s commercial reputation. Originality/value – It may offer guidance to both practicing lawyers and business professionals who are considering entering the sales market, particularly those dealing with goods produced or manufactured in accordance with ESG standards. In addition, it may render us an insight to newly developed or developing rules in this area and show us how they interact with each other.

Marketing Mix in an Effort to Maintain The Product GONG CHA on The Existence of International Sale of Beverage Products

This research discusses the marketing mix in an effort to maintain Gong Cha products in the existence of sales of beverage products on an international scale with the aim of finding out whether the Gong Cha beverage brand applies a marketing mix in an effort to maintain its products on an international scale. This research uses a qualitative descriptive approach method to present a complete picture of gong cha products on an international scale. Research methods include observation and interviews with related parties, and documentation. And assisted by using Strength, Weakness, Opportunity and Challenge (SWOC) analysis to identify strengths, weaknesses, opportunities and threats in maintaining Gong Cha products on an international scale, especially in Indonesia, with the aim of maximizing strengths, minimizing weaknesses, and responding to challenges, and build opportunities in developing service businesses. The results of this research show that the Gong Cha beverage brand is able to maintain its products on an international scale. The findings in this research can help Gong Cha to maintain competition on an international scale, especially in Indonesia.

Development of International Payments in National Currencies in Russia’s Foreign Trade

Foreign trade in goods is one of the most important tools for the development of the Russian economy. On the one hand, foreign trade meets the country’s needs for various goods, the production of which is absent or does not fully satisfy domestic demand. On the other hand, foreign trade allows Russian goods to gain access to international markets, diversifying sales channels. It is important to note that foreign trade activities are impossible without a developed international settlement mechanism, which provides buyers of goods with the opportunity to pay sellers, and sellers with the opportunity to receive foreign exchange earnings for goods supplied. According to established practice in world trade, most international payments are carried out using two reserve currencies: the US dollar and the euro. At the same time, in relation to Russian foreign trade, the use of the US dollar and euro in international payments has become extremely difficult due to the introduction by Western countries of a large number of anti-Russian sanctions, which also affected the sphere of international fi nance. The article analyzes the problems of implementing international payments, based on the results of which specifi c proposals were developed that will contribute to the development of Russian foreign trade. The problems of international payments caused by the introduction of anti-Russian sanctions by Western countries in the fi eld of international fi nance can be solved through an active transition to the national currencies of counterparty countries when concluding international purchase and sale transactions. When trading with countries with which Russia applies a free trade regime, it is advisable to use the Russian ruble as the currency of international settlements. In addition, in order to speed up international payments, it is proposed to switch to electronic document management, which implies the signing of international sales and purchase agreements and the exchange of transaction documents in electronic form using an electronic signature.

International Sale Contract Practices Through the Internet and Influencing Factors: A Comparison between Oman and The International Sale Contract

International Sale Contract Practices Through the Internet and Influencing Factors: A Comparison between Oman and The International Sale Contract

The method of calculating price reductions in contracts for the international sale of goods

The method of calculating price reductions in contracts for the international sale of goods

VALJANOST UGOVORA O KUPOPRODAJI ROBE – KARAKTERISTIKE KINESKOG PRAVA

The paper presents the development of Chinese contract law, which underwent significant legislative changes from the 1980s until the adoption of the Civil Code of China in 2020. Although the legislative models of Croatian and Chinese legislators largely overlap, the paper discusses whether Chinese law comprises any specific solutions, particularly influenced by the ideological philosophies, of Confucianism and communism, which prevail in Chinese culture and legal system. The paper examines the specifics of concluding the sale of goods contracts between Croatian and Chinese traders. The research questions deal with the implementation of the UN Convention on the International Sale of Goods and legal challenges to the validity of contracts when Chinese law applies. The author identifies two key challenges to the validity of the contract according to Chinese law, namely its form and content, as well as the scope of application of the principle of party autonomy. Contractual solutions are proposed to avoid some dubious interpretations before the Chinese courts. In conclusion, this article contributes to understanding the context of Chinese commercial contract law and its legal framework, and enhances thereby the party’s legitimate expectations and the quality of drafting sales of goods contract when engaging in business with Chinese traders.