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...

<p>The United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG) seeks to provide a standard uniform law for international sales contracts. This research paper analyses the rationale behind South Africa&rsquo / s delay in deciding whether to ratify the CISG, and its possible effect on trade with other nations. The CISG drafters hoped that uniformity would&nbsp / remove barriers to international sales thereby facilitating international trade. Ratification of the convention is only the beginning of uniformity / uniformity must then be extended to its application&nbsp / and interpretation. Not all countries have ratified the Convention yet they engage in international trade in goods: this state of affairs presents challenges since traders have to choose a national&nbsp / law that applies to their contract where CISG does not apply. This takes traders back to the undesirable pre-CISG era. On the other hand, those States that have ratified the convention face&nbsp / different challenges, the biggest one being a lack of uniformity in its interpretation. The problem of differing interpretations arises because some CISG Articles are vague leading to varied&nbsp / interpretations by national courts. Further, the CISG is still largely misunderstood and some traders from States that have ratified CISG exclude it from application. South Africa can only ratify an&nbsp / international instrument such as the CISG, after it has been tabled before Parliament, and debated upon in accordance with the Constitution. CISG&rsquo / s shortcomings, particularly regarding&nbsp / interpretation, make it far from certain that CISG would pass the rigorous&nbsp / legislative process. Nonetheless, the Constitution of South Africa requires the South African courts and legislature to promote principles of international law. The paper, therefore, examines, whether the Legislature has a constitutional obligation to ratify CISG. South Africa&rsquo / s membership of the WTO requires&nbsp / that it promote international trade by removing trade barriers. It is, therefore, vital for South Africa to be seen to be actively facilitating international trade. Even though the trade benefits which&nbsp / flow from ratification are not always visible in States that have ratified the CISG, there is some doubt whether South Africa can sustain its trade relations without ratifying the CISG. The paper shows that the formation&nbsp / of contracts under the South African common law is very similar to formation as set out under Part II of the CISG and if the CISG were to be adopted in South Africa, no major changes would be&nbsp / needed in this regard. International commercial&nbsp / principles as an alternative to the CISG still require a domestic law to govern the contract and would, therefore, leave South African traders in the&nbsp / same position they are in currently, where their trading relations are often governed by foreign laws. Ratifying CISG would certainly simplify contract negotiations particularly with regard to&nbsp / governing law provisions. Overall the advantages of ratification for South Africa far outweigh the shortcomings of the CISG, and ratification will assist in ensuring that South African traders get an&nbsp / opportunity to enter the international trade arena on an equal platform with traders from other nations. </p>

University of Macau / Faculty of Law

<p>The United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG) seeks to provide a standard uniform law for international sales contracts. This research paper analyses the rationale behind South Africa&rsquo / s delay in deciding whether to ratify the CISG, and its possible effect on trade with other nations. The CISG drafters hoped that uniformity would&nbsp / remove barriers to international sales thereby facilitating international trade. Ratification of the convention is only the beginning of uniformity / uniformity must then be extended to its application&nbsp / and interpretation. Not all countries have ratified the Convention yet they engage in international trade in goods: this state of affairs presents challenges since traders have to choose a national&nbsp / law that applies to their contract where CISG does not apply. This takes traders back to the undesirable pre-CISG era. On the other hand, those States that have ratified the convention face&nbsp / different challenges, the biggest one being a lack of uniformity in its interpretation. The problem of differing interpretations arises because some CISG Articles are vague leading to varied&nbsp / interpretations by national courts. Further, the CISG is still largely misunderstood and some traders from States that have ratified CISG exclude it from application. South Africa can only ratify an&nbsp / international instrument such as the CISG, after it has been tabled before Parliament, and debated upon in accordance with the Constitution. CISG&rsquo / s shortcomings, particularly regarding&nbsp / interpretation, make it far from certain that CISG would pass the rigorous&nbsp / legislative process. Nonetheless, the Constitution of South Africa requires the South African courts and legislature to promote principles of international law. The paper, therefore, examines, whether the Legislature has a constitutional obligation to ratify CISG. South Africa&rsquo / s membership of the WTO requires&nbsp / that it promote international trade by removing trade barriers. It is, therefore, vital for South Africa to be seen to be actively facilitating international trade. Even though the trade benefits which&nbsp / flow from ratification are not always visible in States that have ratified the CISG, there is some doubt whether South Africa can sustain its trade relations without ratifying the CISG. The paper shows that the formation&nbsp / of contracts under the South African common law is very similar to formation as set out under Part II of the CISG and if the CISG were to be adopted in South Africa, no major changes would be&nbsp / needed in this regard. International commercial&nbsp / principles as an alternative to the CISG still require a domestic law to govern the contract and would, therefore, leave South African traders in the&nbsp / same position they are in currently, where their trading relations are often governed by foreign laws. Ratifying CISG would certainly simplify contract negotiations particularly with regard to&nbsp / governing law provisions. Overall the advantages of ratification for South Africa far outweigh the shortcomings of the CISG, and ratification will assist in ensuring that South African traders get an&nbsp / opportunity to enter the international trade arena on an equal platform with traders from other nations. </p>

This research analyses the impact and materiality of South Africa’s choice not to ratify the CISG on its trade as well as relations with other states. As the point of departure, the broader events leading up to the creation of the CISG will be examined as well as UNCITRAL’s mandate and the development of trade in the local and global context. At present, the CISG has been ratified by 85 states. The decisions by common law jurisdictions such as the UK and India not to ratify the CISG as well as the delay by Brazil and Japan will be discussed. The legal, business and political or policy reasons for and against the ratification of the CISG are investigated which focuses on aspects such as legal certainty, uniformity of laws and the reduction of legal costs. An investigation is carried out regarding the historical foundations of the South African law of contract to this framework sets the tone for a comparison between the South African law and the provisions of the CISG. Lastly, a comparison is drawn between the provisions of the CISG and the South African law with specific emphasis on the remedies of specific performance and the right to claim damages which culminates in an overall conclusion that the South African law is compatible with the CISG insofar as remedies for breach of contract are concerned. / Mercantile Law / LL. M. (International Economic Law)