Publication details
Vybrané vyloučené otázky (tzv. vnější mezery) Úmluvy jako důvody jejího odmítání praxí
| Title in English | Selected Excluded Issues as Reason for Non-Applicability of the UN Convention on Contracts for the International Sale of Goods |
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| Authors | |
| Year of publication | 2012 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | The Convention on Contracts for the International Sale of Goods („CISG“) is not completely autonomous instrument. The use of applicable national law determined under the conflict rules of a forum is inevitable for several questions relating to sales contract covered by the CISG. The key provision in this context is the Article 4 of the CISG. Article 4 states which questions are within the scope of the CISG and it also contains the non-exhaustive list of the questions which are not covered by the CISG. Article 4 expressly mentions the question of validity and the question of the effect which the contract may have on the property in the goods sold. This paper is devoted to these questions. The aim of this paper is to analyze the questions of validity and of the effect on the property. After dealing generally with the relation between unified rules and conflict rules, we will deal with Article 4. The concepts of validity and effect which the contract has on property will be analyzed including their interpretation and content. This paper tries to point out to the fact that the content of these concepts is not completely clear and therefore it is not easy to state the borders between the autonomous use of the CISG and national law. |
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