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CISG Scope of Application: Articles 4 and 5

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CISG Scope of Application: Articles 4 and 5

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Questions and Answers

What Articles of the CISG define its scope of application?

Articles 4 and 5

Why did the drafters of the CISG choose to leave certain matters outside its scope of application?

Because national laws differed too much to harmonize the various approaches, and the drafters wanted to ensure maximum support for the Convention.

What is the consequence of a narrow interpretation of the concepts 'formation of the contract' and 'rights and obligations of the seller and the buyer'?

The CISG's scope of application could be limited considerably.

What is the purpose of the CISG, according to the text?

To harmonize particular areas of law. Signup and view all the answers

Why is the interpretation of the notions and concepts in Articles 4 and 5 important?

Because it has an important bearing on the unifying effect of the CISG. Signup and view all the answers

What is the characteristic of the list of issues excluded from the CISG's scope of application?

It is non-exhaustive. Signup and view all the answers

What is the consequence of not having a harmonizing Convention applicable to international sales law?

They would be governed by the non-harmonized provisions of the national law that is applicable by virtue of the conflict of laws rules. Signup and view all the answers

What is the main issue with the case law reported in the Digest regarding Article 4?

There is a lack of in-depth analysis of the provision and the notions or concepts used. Signup and view all the answers

How should the notions in Article 4 be interpreted according to Article 7(1) CISG?

They should be interpreted autonomously. Signup and view all the answers

What is the exception to the general lack of in-depth analysis of Article 4 in the case law?

The U.S. District Court for the Southern District of New York's decision in Geneva Pharmaceuticals Tech. v. Barr Lab. Signup and view all the answers

Why may an autonomous interpretation of the notions in Article 4 not suffice to guarantee a uniform application of the CISG?

If the issue of qualification of certain legal concepts is left to the national law, it will ultimately be the national law that determines the scope of application of the CISG. Signup and view all the answers

What is the significance of the 1988 UNIDROIT Convention on International Factoring in the context of international sales law?

It is a different harmonizing Convention applicable to international sales law, which can govern the case instead of the CISG. Signup and view all the answers