|
|

This is only a preview of the paper Click here to register and get the full text. Existing members click here to login
|
|
|
...
Vienna Sales Convention
There are wide arrays of problems that govern the sale of goods where the sale transverses national boundaries with differing laws, all possibly governing the contract. There have been various attempts to standardize the law which applies to international contracts to lessen these problems. A recent and successful attempt to harmonize the law of the international sales is the United Nations Convention on Contracts for the International Sales of Goods UNCITRAL (Vienna Sales Convention) which was signed on April 1980 in Vienna, and entered into force on 1 January 1988. ...
The Vienna Sales Convention applies when the countries of both of the contracting countries parties have adopted the Vienna Convention, or when the law of the contract is the law of a state that is a signatory to the Convention. The Convention is aimed at promoting the development of the international trade by contributing to the removal of legal barriers. ... The Vienna Convention has a greater influence of the common law tradition and thus it is achieving wide acceptance.
The Vienna Convention does not set down exactly how each contract is to be formed or what it is to contain. ... The Convention will provide a solution which will be applied by the national courts of both countries if the parties do not make specific or adequate provision for matters such as passing of risk, time and place of payment, delivery, responsibility for the organization of carriage and insurance, conformity of goods with their description and so on.
The Benefits of the Vienna Sales Convention
The contribution of the Vienna Convention is undeniable. ... The Vienna Convention concerns the sales contract and directly applies itself to international commerce. ...
The Vienna Convention is flexible to use. The actors can totally separate the application of the convention or leave out some of its measures to choose another legal system. The Vienna Convention is becoming the rule in international sales concluded by a company from a country which has ratified the convention as soon as its application has not been expressively separated.
Approximate Word count = 1547 Approximate Pages = 6.2 (250 words per page double spaced)
|
|
|
|
|
|