International Law

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Universidad Autónoma de Nuevo León

Facultad de contaduría pública y administración

Negocios Internacionales



International Trade Law

Prof: Víctor Hugo Moreno Martínez

“1980 Vienna Convention”





Jorge Luis Sanmiguel Alvarado

ID: 1427498Group: 4zi





23 de Enero del 2013, Cd. Universitaria, San Nicolás de los Garza, N.L.

“1980 Vienna Convention”



The purpose of this convention is to provide a modern regime, uniform and equitable contracts for the international sale of goods, thus contributing significantly to provide legal certainty for trade and reduce transaction costs.

Date of adoption: April 11, 1980The purchase agreement is the basis for international trade in all countries, regardless of their legal tradition or level of economic development. For this reason, it is considered that the CISG is one of the key instruments of international trade that should be adopted by all countries.

The CISG is the result of a legislative effort that began in the early twentieth century. In his textcarefully balances the interests of the buyer with the seller. In addition, the Convention has inspired reforms of the law of contracts in several countries.

States that adopt the Convention have a modern and uniform law governing the international sale of goods and that applies to any sales transaction between parties having agreed a settlement in one of the Contracting States. In such cases, theConvention applies directly, without resorting to the rules of private international law to determine the law applicable to the contract, which contributes significantly to provide certainty and predictability to international sales contracts.

The CISG governs contracts for the international sale of goods between private companies, with the exception of sales to consumers and service sales andsales of specific types of goods. The Convention applies to contracts of sale of goods between parties whose places of business are in different Contracting States or when under the rules of private international law applies to a particular Contracting State. The Convention may also apply when the parties have so agreed. Certain issues of international sale of goods, and the validity of the contractand the effects of the contract on the ownership of the goods sold, are not within the scope of the Convention.









CISG



1. The United Nations Convention on Contracts for the International Sale of Goods provides a uniform text of law on the international sale of goods. The Convention was prepared by the United Nations Commission for International Trade Law (UNCITRAL) andadopted by a diplomatic conference on 11 April 1980.

2. The preparation of a uniform law for the international sale of goods began in 1930 in Rome at the International Institute for the Unification of Private Law (UNIDROIT). After a long break in the work as a result of World War II, the project was presented in 1964 at a diplomatic conference in The Hague, he adopted two conventions, one on theinternational sale of goods and the other on the formation of Contracts for the International Sale of Goods.

3. Almost immediately after the two conventions adopted its provisions were widely criticized as reflecting primarily the legal traditions and economic realities of continental Western Europe, the region had become more actively involved in their preparation. Consequently, one of thefirst tasks undertaken by UNCITRAL on its organization in 1968 was to ask States whether or not they intend to accede to these conventions and the reasons for their stance. In light of the responses received, UNCITRAL decided to study both conventions to determine what modifications might render them capable of wider acceptance by countries of different legal, social and economic. The result of this...