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Macau Periodical Index (澳門期刊論文索引)
- Author
- Nobela, Alcides Malavone Alberto
- Title
- CISG applicability: a particular case on impact of an article 95 reservation
- Journal Name
- Universidade de Macau : Boletim da Faculdade de Direito = 法律學院學報
- Pub. Info
- 2015, No.36, pp. 205-232
- Keyword
- CISG applicability；Article 95 reservation；Conntracting States；transactional costs；Legal Harmonisation
- Abstract
- Abstract : The rules of private international law have been playing a very important role in international trade transactions which historically has been subject to numerous domestic legal sysytems. Therefore, when disputes arises from those transactions the parts always wonder which law will be applicable to solve the dispute due to the diversity of the various legal systems resulting in a uncertainty and additional transactional costs on the contracing parties. In this context, the Vienna Convention on the Contracts for the International Sale of Goods (CISG) is seen as a very important tool towards legal harmonisation in order to enable certainty, predictability and reduce transaction costs. Although this important role of the CISG, the reservation forseen in the article 95 may "apparenly" hinder one of the most precious objectives of the CIDG, uniform application of the legal instrumental and the particular case in stake is: What is the solution if the parties (which place of business are Art.95 reservatory Contracting States - and one is the forum State) choose as applicable law the law of a third country, which also is Contracting State. Will the CISG apply? This is not a very easy question to assess and a reference to "choice of forum" is crutial as also some particular reference to the implications of the reservation under Article 95 CISG bearing in mind the objectives of the Convention. So, it is worth to understand that the Convention tends to prevail over recourse to the forum's private international law rules, meaning that the CISG will still be applicatble although the forum is located in an Article 95 reservatory Contracting State. Paragraph Headings: 1. Introduction 2. CISG background 2.1. Historical remarks 2.2. CISG structure 3. Sphere of application 3.1. Notes regarding article 1 CISG 3.1.1. Substantive application (contract of sales of goods23) 3.1.2. Territorial application