The Questionable Reception of the CISG in the Baltic States, Belarus, Bulgaria & the Ukraine
The Questionable Reception of the CISG in the Baltic States, Belarus, Bulgaria & the Ukraine, in Dimatteo, Larry A,"International Sales Law A Global Challenge" (Cambridge University Press, 2014).
15 Pages Posted: 3 Oct 2013 Last revised: 13 May 2014
Date Written: October 2, 2013
The history of the accession to or succession to the CISG by the six countries is described, and the information in the main databases is critiqued. Cases are examined and problems of reception are identified. Certain commonalities are noted, and it is posited that the problems derive from holdover Soviet legal theory. Notably, certain of the countries do not know of and reject in their domestic law the notion of substantial performance; it is thus problematic as to what similar requirements in the CISG might mean to those courts.
Since this is the case, it is entirely unclear what 'accession' to the CISG might mean in the context of the six countries studied.
Keywords: CISG, expectation damages, substantial performance, sale of goods
JEL Classification: K12
Suggested Citation: Suggested Citation