Research Handbook on International and Comparative Sale of Goods Law
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Research Handbook on International and Comparative Sale of Goods Law

Edited by Djakhongir Saidov

This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.
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Chapter 3: Has the UN Sales Convention achieved its key purpose(s)?

Ulrich G Schroeter

Abstract

This chapter addresses the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) and its position within the law of sales. The UN Sales Convention provides rules of law for cross-border sales contracts that today are in force in the majority of the world’s trading nations. The chapter adopts an analytical approach by first identifying the key purposes that the Sales Convention serves. Among these are: to offer commercial parties an acceptable set of default rules for their international transactions that is preferable to foreign domestic law; the preservation of party autonomy; the goal to provide a pragmatic set of commercial law rules that include best solutions for cross-border commercial transactions; to increase certainty and predictability for commercial parties. It then evaluates the extent to which these purposes have been achieved or are likely to be achieved in the future.

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