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Issues Relating to the Applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG)


Harry M. Flechtner


University of Pittsburgh - School of Law


U. of Pittsburgh Legal Studies Research Paper No. 2008-07
UNIFORM LAW FOR INTERNATIONAL SALES UNDER THE 1980 UNITED NATIONS CONVENTION, John Honnold, 4th edition, The Hague: Kluwer Law International, Forthcoming

Abstract:     
The posting contains drafts excerpts from a forthcoming new (4th) edition of John Honnold's treatise Uniform Law for International Sales under the 1980 United Nations Convention. The posting is comprised of new materials proposed to be inserted in the discussion of certain rules governing the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Those rules are found in Articles 1, 3 and 4 of the CISG, discussed in §§ 39-48 and 57-70 of Professor Honnold's treatise. The issues addressed in the excerpts include: the extent to which the Convention's rules of applicability respect distinctions between legally-distinct entities; the treatment of services employed in producing goods in determining, pursuant to CISG Article 3(2), whether a contract is predominantly a service transaction; whether the Convention governs claims asserted by a buyer against parties other than the buyer's direct seller, such as manufacturers and other remote distributors of the goods; and the extent to which the CISG governs the question of who bears the burden of proving the elements of its provisions.

Number of Pages in PDF File: 19

Keywords: Sales, International Sales, Sales Convention, United Nations Sales Convention, CISG, Applicability of CISG, Mixed Goods/Services Contracts, Burden of Proof, Manufacturers, Warranties

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Date posted: April 9, 2008 ; Last revised: April 18, 2008

Suggested Citation

Flechtner, Harry M., Issues Relating to the Applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG). U. of Pittsburgh Legal Studies Research Paper No. 2008-07; UNIFORM LAW FOR INTERNATIONAL SALES UNDER THE 1980 UNITED NATIONS CONVENTION, John Honnold, 4th edition, The Hague: Kluwer Law International, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1118118

Contact Information

Harry M. Flechtner (Contact Author)
University of Pittsburgh - School of Law ( email )
3900 Forbes Ave.
Pittsburgh, PA 15260
United States

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