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Copyright (c) 2005 University of Pittsburgh
The Journal of Law and Commerce

ARTICLE: SELECTED PROBLEMS CONCERNING THE CISG'S SCOPE OF APPLICATION

Fall, 2005

25 J.L. & Com. 39

Author

Stefan Kroll*

Excerpt



I. Introduction



The CISG's scope of application is defined in Articles 4 and 5. Like most other Conventions that aim to harmonize particular areas of law, the CISG is not a comprehensive code regulating all matters falling within its sphere of application. Certain matters were considered to be too controversial for inclusion in the CISG since the national laws differed too much to harmonize the various approaches. 1 To ensure maximum support for the Convention, the drafters decided to leave these issues outside the CISG's scope of application. They opted for a widely acceptable Convention instead of a complete but controversial text. In light of the broad description of the matters covered by the CISG and the non- exhaustive list of issues excluded from the CISG's scope of application, the interpretation of the various notions and concepts used in Articles 4 and 5 have an important bearing on the unifying effect of the CISG. A narrow interpretation of the concepts "formation of the contract" and "rights and obligations of the seller and the buyer" could limit the CISG's scope of application considerably. 2 Important issues such as the burden of proof might then not be covered by the CISG. As a consequence, they would in general 3 be governed by the non-harmonized provisions of the national law that is applicable by virtue of the conflict of laws rules. 4 The following article analyzes the case law as reported in the Digest in respect to some ...
 
 
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