Die Anwendbarkeit des UN-Kaufrechts auf grenzüberschreitende Versteigerungen und Internet-Auktionen (The Applicability of the UN Sales Law (CISG) to Cross-Border Auctions and Internet Auctions)
Zeitschrift für Europäisches Privatrecht (2004), 20-35
16 Pages Posted: 2 Nov 2012 Last revised: 16 May 2014
Date Written: February 1, 2004
Article 2(a) of the United Nations Convention on Contracts for the International Sale of Goods excludes sales 'by auction' from the Convention's scope, leaving such sales contracts to be governed by domestic law as declared applicable by conflict of laws rules. This provision, while previously largely dormant, has recently gained importance in connection with the increasing use of internet auctions in commercial transactions.
The present article investigates the background and meaning of Article 2(a) CISG and demonstrates why the provision has only a narrow scope, being limited to auctions that visibly possess a merely local character. Article 2(a) CISG accordingly covers neither auctions with an international character nor internet auctions, which are therefore subject to the Convention's rules.
Notes: Downloadable document is in German.
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