We found a match
Your institution may have rights to this item. Sign in to continue.
- Title
Revival des CISG: Dem „digitalen Kaufrecht" sei Dank.
- Authors
Burgsdorff, Christoph von; Burkert, Robert
- Abstract
The article "Revival of the CISG: Thanks to the 'Digital Sales Law'" discusses the advantages of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in relation to "digital sales law". It is pointed out that the CISG is designed for international contracts and applies independently of national sales law. The CISG provides the contracting parties with a fair supranational law and facilitates negotiations regarding the applicability of national law. It is also noted that the CISG is modifiable and that the parties have the possibility to adapt or exclude the CISG rules. The article deals with the CISG (United Nations Convention on Contracts for the International Sale of Goods) and its regulations. It is pointed out that the provisions of the CISG can be modified almost arbitrarily and that the contracting parties are free to agree on which CISG regulations should apply. The CISG offers numerous advantages for buyers and sellers, such as liability regardless of fault and a more buyer-friendly obligation to inspect and give notice of defects. It is emphasized that having a thorough knowledge of the CISG can be a significant negotiating advantage. The article deals with the topic of "digital sales law" and its impact on sellers. It is noted that sellers are exempt from certain obligations under German sales law when the CISG (United Nations Convention on Contracts for the International Sale of Goods) is applied. The CISG uses a graded concept of defects that is based on the agreement of the parties and not on the buyer's subjective expectations. The article discusses the impact of the CISG (United Nations Convention on Contracts for the International Sale of Goods) on German sales law. It is stated that the CISG imposes stricter requirements for the avoidance of the contract than German law. In addition, higher requirements are placed on the buyer's obligation to give notice of defects. Another difference concerns the seller's recourse against the entrepreneur, where the CISG offers advantages to the seller compared to German sales law. It is also noted that digital sales law contains specific provisions regarding the seller's recourse against the entrepreneur. The article discusses the impact of the CISG (United Nations Convention on Contracts for the International Sale of Goods) on German sales law. It is stated that the CISG does not contain specific provisions regarding the seller's recourse against the entrepreneur and that sellers can avoid German recourse law by applying the CISG. However, it is also argued that the CISG does not displace German recourse provisions. It is pointed out that the CISG does not include consumer protection provisions or a reversal of the burden of proof along the supply chain. The interpretation of Article 4(2)(a) of the CISG is discussed, with the finding that the CISG only displaces provisions that provide for nullity as a legal consequence. The article discusses the advantages of the United Nations Convention on Contracts for the International Sale of Goods (CISG) compared to German civil law. Special attention is paid to the practice since the introduction of the new "Digital Sales Law" in 2022 and the resulting differences in warranty and recourse claims. In the present case, the Chinese export company Nantong Sanhai Garment Co. files a lawsuit against the New York clothing company Fab Mill Inc.
- Subjects
NEW York (State); UNITED Nations Convention on Contracts for the International Sale of Goods (1980); EXCLUSIVE contracts; BUSINESSPEOPLE; HIGH technology industries; BURDEN of proof
- Publication
Internationales Handelsrecht, 2023, Vol 23, Issue 5, p185
- ISSN
1617-5395
- Publication type
Article
- DOI
10.9785/ihr-2023-230502