Schroeter, Ulrich G --- "Has the UN Sales Convention achieved its key purpose(s)?" [2019] ELECD 2111; in Saidov, Djakhongir (ed), "Research Handbook on International and Comparative Sale of Goods Law" (Edward Elgar Publishing, 2019) 59

Book Title: Research Handbook on International and Comparative Sale of Goods Law

Editor(s): Saidov, Djakhongir

Publisher: Edward Elgar Publishing

Section: Chapter 3

Section Title: Has the UN Sales Convention achieved its key purpose(s)?

Author(s): Schroeter, Ulrich G

Number of pages: 18

Abstract/Description:

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.