Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-03-22T12:53:04Z No. of bitstreams: 1 Daniela Bertotti.pdf: 1610746 bytes, checksum: 755bfb65e31e65603773bd933570d16a (MD5) / Made available in DSpace on 2017-03-22T12:53:04Z (GMT). No. of bitstreams: 1 Daniela Bertotti.pdf: 1610746 bytes, checksum: 755bfb65e31e65603773bd933570d16a (MD5) Previous issue date: 2017-03-08 / Fundação São Paulo - FUNDASP / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES / The present study aims at analyzing the United Nations Convention on Contracts for the International Sale of Goods (CISG) by examining most thoroughly the different interpretations of its text on the light of several western legal traditions. This analysis of the implications of such different interpretations will give rise to a discussion on the level of interpenetration among different legal systems. This, in turn, leads to an analysis of the impact of the conditions imposed by the Convention on its interpretation, which is considered a selfcontained autonomous ruling within the text of the Convention. As can be seen from a historical overview of the matter, the pursuit of unified regulations governing the international purchase and sale of goods is precisely the result of trade practices and of the consolidation of customary laws and principles. This thesis is thus based on the dynamics of this unifying process. The analysis will focus on its innovative feature of a consonant interpretation; an important structural element which may determine the success or failure of the text of the Convention when observed in different legal environments. It will be taken into consideration the role of the relation between governments and their institutions established with International Organizations, as well as that of the need for predictability when signing international agreements. Therefore, elements such as sovereignty and globalization are essential for a proper understanding of the impacts of this Convention in international law, namely, international trade laws / O objeto de estudo da tese ora apresentada versa sobre a Convenção de Viena sobre Compra e Venda Internacional de Mercadorias, conhecida pela sigla em inglês CISG. O escopo de análise visa enfoque especial na interpretação do texto convencional, tendo em vista as diversas tradições jurídicas ocidentais. Da análise das implicações acerca da interpretação, depreender-se-á o grau de interpenetração entre os sistemas jurídicos, analisando o impacto das condições de interpretação delimitada pela Convenção, considerada regramento autônomo e autocontido no texto convencional. A busca pela unificação de normas que disciplinem a relação de compra e venda internacional é vislumbrada no estudo da historiografia como um dado decorrente das próprias práticas comerciais e na consolidação de regras e princípios de caráter consuetudinário. A tese é estruturada com base na dinâmica da unificação acerca das normas a respeito do comércio internacional, consubstanciado o principal ponto de análise de sua inovação na interpretação uniforme como ponto importante para o sucesso ou o fracasso do texto convencional quando da sua aplicação dentro dos diversos ambientes jurisdicionais. Reputar-se-á como relevante o papel do Estado e das suas instituições na relação com as Organizações Internacionais e a necessidade da previsibilidade dentro das relações contratuais no campo internacional. Assim, elementos como soberania e globalização são necessários para a correta apreensão dos impactos de referida Convenção no campo do direito internacional, notadamente o direito do comércio internacional

The development of the United Nation’s Convention on Contracts for the International Sale of Goods (CISG) started at the beginning of the 20th century in order to provide a uniform legal regime for international sales contracts. The development started because of a belief that a uniform international sales convention would contribute certainty in commercial trade and decrease transaction costs for the contracting parties. The Convention was signed in Vienna 1980 and came into force in 1988 after securing the necessary number of ratifications. The CISG is automatically applied to international sale contracts in certain given situations but the contracting parties are free to exclude the Convention as applicable law in favour of another regulation. As of today, more than 25 years after the CISG came into force, the Convention is commonly being excluded as the governing law of international sales contracts. By studying surveys and academic writings, certain factors can be derived as reasons prior to an exclusion of the CISG. The factors can be referred to as unfamiliarity, time and costs, negotiation strength and standard form contracts or standard terms. Regarding unfamiliarity, the importance given to the Convention in law faculties within the signatory states, together with time and costs attributed to a familiarization process, seems to play an important role. Moreover, the Convention is associated with problems regarding a non-uniform interpretation of the Convention’s provisions within the national courts and arbitral tribunals, as well as regarding its incompleteness, meaning that there are gaps that need to be filled by national law. These problems affect the Convention’s ability to provide potential users with legal certainty and predictability, which in turn may affect the familiarity with the Convention and hence have an impact on an exclusion of the CISG.

本論文的研究重心為1980年聯合國國際商品買賣契約（以下簡稱CISG）七十四條第二段所規定之「預見可能性原則」。 第二章「預見可能性原則在比較法上的觀察」中整理大陸法系，普通法系及CISG的前身ULIS、國際統一商務契約原理和PECL等以預見可能性原則做為限制賠償責任制度的相關規定和研究成果，做為解釋CISG預見可能性原則的基礎。 第三章「CISG的預見可能性原則」則以CISG七十四條第二段的預見可能性原則規定為中心，分節探討其體系架構、構成要件，例如預見的主體、客體（包含損害的可能性、類型與規模）、判斷的主客觀標準、判斷時點及舉證責任等問題。除了以第二章在比較法上的觀察為解釋的材料以外，也視情況引用聯合國秘書處所提供之一九七八年CISG草案註釋。 第四章「預見可能性原則與我國法之比較分析」整理我國現行契約法上通用的責任限制原則──相當因果關係原則和法規目的原則，再將預見可能性原則與之分別比較分析，從其中觀察到不同的政策背景如何地影響制度的形成並造成彼此的差異。 最後，於第五章「結論」中總結本論文對CISG預見可能性原則及與我國法比較分析後的結論與論文寫作的一點心得。

Thesis (doctoral)--Université de Genève, 1994. / Material type: Dissertations. Includes bibliographical references (p. 305-323) and index.

This thesis attempts to critically and comparatively analyse the issues relating to the passing of property and risk under the United Nations Convention on the Contract for International Sale of Goods (CISG) and English Law (SGA). The passing of property and risk plays a central role in the area of international legislation in relation to sales contracts. These elements can be the most significant components in contracts of sale between parties, whether in the international or domestic field. The reason is founded on their legal nature and the close relationship between them. The passing of property and risk has been a central issue for practitioners, judges and lawyers dating back to the Roman period and several ideas have been proposed to resolve it. Where the situation is different for contracts of sale in relation to the passing of property and risk, whether in the domestic or international field, it still creates many unresolved problems, because of ongoing changes in the field of modern commerce, which may contribute to unfair implications between the parties. It has been observed in this thesis that both English law and the CISG adopt the party autonomy principle, where the intention of the parties - whether in relation to the passing of property or risk - is the basic rule. However, the difference lies in the default rules. While English law involves default substitutional rules, which apply in cases where there is an absence of an expressed or implied indication regarding the intention between the parties, the CISG lacks such default rules regarding the transfer of property, which could be viewed as its main weakness, although the CISG does involve such provisions with respect to the transfer of risk. This thesis willdiscusses, the legal nature of the rules in relation to the passing of property and risk, and the role of the party autonomy principle, and the impacts and legal difficulties that might arise through the application of these rules, whether they are default rules or based on the party autonomy principle. It will also examine the legal gaps and weaknesses of both legal systems in an attempt to identify such legal difficulties and to find appropriate solutions and remedies.

The 1980 United Nations Convention on the International Sale of Goods, concluded under the auspices of UNCITRAL, creates a comprehensive statutory legal framework for international sales. Through the express incorporation of the principle of freedom of contract, the convention contains rules which the parties may freely adapt to the particular circumstances of their transaction, by filling any gaps that may arise with trade usages and other practices. In addition, the convention recognises the binding force of international trade usages in certain circumstances, in that it binds parties to usages which are so widely known and have acquired such regularity of observance in international trade as to justify an expectation that they will be observed in the particular transaction. Such acknowledgment of the changing patterns and norms of behaviour which characterise international trade law allows the CISG to be categorised as a major component of the modern lex mercatoria. / Constitutional International and Indigenous Law / LL.M.

75 International Sales Contract Abstract The objective of this thesis is to describe the ways of avoidance of the contract available under the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the "Convention") and to make an analysis of its key term "fundamental breach of contract" as it is defined in its article 25. The thesis is composed of the introduction, three main chapters and the conclusion. The first chapter introduces the Convention itself. It describes the process of its creation, and points out the fact, that the final text of the Vienna Convention is a result of many compromises, which were supposed to ensure its global acceptance. This goal, was in the end achieved, but at the price of the Convention containing many terms which were vague and ambiguous, making it hard to interpret. Later in this chapter I also deal with the conditions, which have to be met for the Convention to be applied, (and its exceptions) and in the end I shortly address the problem of the uniform application of the Convention. The second chapter then deals with the interpretation of the term "fundamental breach of the contract" as one of the conditions of the just avoidance of the contract. This chapter is then divided into three parts. The first part handles the term of the breach...

This thesis makes an analysis of price and terms of payment in the sales contract. Both elements are conceived in terms of legal framework and in terms of importance for the parties to an international sales contract. The theoretical part deals with the role of the sales contract in business relations, structure and legal norms of the international sales contract. The practical part includes an analysis of specific international sales contract.

The essay focuses on the issue of the international regulation of international sales contracts. It analyses the United Nations Convention for the International Sale of Goods and documents published by the International Chamber of Commerce and by other organisations active in harmonisation and unification of instruments of regulation of international sales contracts. So, the goal of the essay is to decide whether the documents help to remove the barriers of the international trade and whether the documents do not overlap the Convention.

Jan Kolář - International sales contract Abstract Topic of this master's thesis is international sales contract, more specifically remedies for the breach of international sales contract. As a substantive law by which remedies for the breach of international sales contract are judged is the United Nations Convention on Contracts for the International Sale of Goods. Reason for choosing the United Nations Convention on Contracts for the International Sale of Goods as a substantive law for this thesis is that this convention represents one of the most successful and most widely used international legal norm used to govern international trade in today's world. This is mainly because of the Convention's well balanced and impartial approach and also the fact that the Convention has been ratified in 83 states which significantly contribute to the overall volume of an international trade. This thesis mostly uses analytical and descriptive legal research methods. This is given by the nature of its subject. However, the thesis does not only describe provisions of the Convention but aspires to point its reader to most salient and problematic features of the Convention. The thesis is divided into six chapter, introduction and conclusion. For better clarity chapters are further structured into two more levels. First...