INTERNATIONAL SALE CONTRACT

International Sale Contract

Table of Contents

The main provisions of the Vienna Convention3

Scope3

Conclusion of a contract7

The material side of the sales contract7

A sample version of the general conditions of the commission of foreign trade on the basis of the norms of the Vienna Convention8

Rules of interpretation8

Characteristics of product9

Inspection of goods prior to shipment9

Price10

Terms of payment10

Interest in the event of late payment11

Interest per annum on the amount of damages11

The transfer of ownership of the goods11

Basis of delivery12

Documentation12

Remedies for delay in delivery of the buyer and the non-delivery12

International Sale Contract

The main provisions of the Vienna Convention

Scope

The United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as "the Convention" or "CISG") was adopted in Vienna on April 11, 1980. The last record in the database of the United Nations we have consulted in early 1997 indicates it has been adopted by forty-eight countries. This means that two thirds of the world's population have accepted the CISG as the unifying set of rules that regulate the most significant part of its international trade. This signfica that the Convention has had considerable success in its nearly twenty years.

Such a degree of acceptance is a significant international force for a convention that incorporates uniform rules of law in commercial matters. The presence of the CISG has almost no comparison with other treaties prepared by UNCITRAL, except for the New York Convention of 1958 on Recognition and Enforcement of Foreign Arbitral Awards has been adopted by almost ninety countries.

What are the reasons that have produced this international consensus?. Basically that is the result of a long drafting process involving a variety of countries. The doctrine has repeatedly raised the grounds on which the CISG has shifted to the two texts product of the Hague Conference of 1964: the Uniform Law on the International Sale of Securities Objects Body - known as "ULIS" - and the so-called Law Standard on the Formation of Contracts for the International Sale of tangible goods - known as "EULA". These texts were developed primarily by Western European countries, so the result was not agreed by the United States and countries with lower level of industrialization. Furthermore, both the LUF as ULIS generated significant doubts as to its application even among the signers themselves.

The Convention has been accepted by countries in all legal traditions, from the laws codifying civil court civil and common law, to those with strong influence of Islamic law. Has been adopted by countries and centrally planned economy, as well as by those who propagate a refined liberal capitalism without government intervention, for countries whose economy depends mainly on the export of raw materials and for those whose most important resource is the export manufactured goods with high technological content. The CISG is the law in force in countries with long democratic tradition and autocratic tradition in countries transiting a fragile democratic transition. This melting pot of jurisdictions in the uniform text of the CISG could only be achieved through ...