Victoria University of Wellington Law Review· 2019Q4
The Danger of Domestic Pre-Conceived Views with Respect to the Uniform Interpretation of the CISG: The Question of Avoidance In the Case of Non-Conforming Goods and Documents
- 473citations
- Q4SCImago
- 2019year
Short summary
Professor Schwenzer argues that criticisms of the CISG's approach to contract avoidance for non-conforming goods are unfounded, asserting that its provisions accurately reflect international sales practice and case law.
AI-generated from the title and abstract; the full text is not read.
Key points
- Criticism of the CISG's approach to contract avoidance for non-conforming goods is unfounded.
- Domestic legal notions, especially from common law, distort the uniform interpretation of the CISG.
- The CISG's provisions on avoidance align with the realities of international sales practice.
- Case law demonstrates that the CISG's approach reflects actual international sales transactions.
AI-generated from the title and abstract; the full text is not read.
Abstract
Professor Schwenzer compares common law notions about a party's ability to avoid a sales contract with the position under article 49 of the Convention on the International Sale of Goods. Having noted that the approach of the CSIG has given rise to criticism, she then argues that such criticism is unfounded and that, moreover, the CSIG's provisions reflect the reality of international sales practice and case law.
The authors' abstract, as published at the source. Victoria University of Wellington Law Review, 2019 · DOI ↗
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Field: Law
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