The 'Validity Exception' in the CISG and Remedies for Mistake in Domestic Contract Law: Preemption and Concurrence

Posted: 2 Aug 2012

See all articles by Luca Bolzonello

Luca Bolzonello

Maastricht University - Faculty of Law

Date Written: May 15, 2012

Abstract

The 1980 Vienna Convention on Contracts for the International Sale of Goods (CISG) contains a noticeable intrinsic tension between its strife for international uniformity and national rules on contract validity. The fact that the substantive scope of application of the Convention is limited, inter alia, by the ostensible exclusion of the issue of contractual validity in Article 4 has stirred lively discussion. This paper seeks to clarify the interplay between the CISG and national rules on mistake by means of a comparison between national provisions such as those of the Italian Civil Code and the CISG, in order to highlight the effects of an overlap between national and uniform law on contract validity, as well as the possible solutions in case of conflict between the two.

Keywords: CISG, contract, validity, commercial law, article 4

JEL Classification: K12

Suggested Citation

Bolzonello, Luca, The 'Validity Exception' in the CISG and Remedies for Mistake in Domestic Contract Law: Preemption and Concurrence (May 15, 2012). Available at SSRN: https://ssrn.com/abstract=2121714 or http://dx.doi.org/10.2139/ssrn.2121714

Luca Bolzonello (Contact Author)

Maastricht University - Faculty of Law ( email )

P.O. Box 616
Maastricht, 6200
Netherlands

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