Topic 8: Vienna Convention Applicability Conditions

<p>It clarified principles around territorial applicability (A)</p> Signup and view all the answers

<p>To establish jurisdiction and proper applicability (C)</p> Signup and view all the answers

<p>Both the buyer and seller must be from signatory states. (A)</p> Signup and view all the answers

<p>Rome I Regulation (A)</p> Signup and view all the answers

<p>Contracts for the international sale of goods (C)</p> Signup and view all the answers

<p>Through private international law rules pointing to a signatory state. (C)</p> Signup and view all the answers

<p>In the state where the services were provided. (D)</p> Signup and view all the answers

<p>Defamation or harm across multiple jurisdictions. (B)</p> Signup and view all the answers

<p>The place where the harmful act occurred. (A)</p> Signup and view all the answers

<p>Contracts for the international sale of goods. (A)</p> Signup and view all the answers

The Vienna Convention on Contracts for the International Sale of Goods (CISG) applies to contracts for the sale of goods between parties whose places of business are in different countries, as long as those countries are signatories to the Convention.

The Vienna Convention applies if both parties are in countries that have signed the Convention.

The Vienna Convention applies to contracts for the sale of goods, not services or real estate.

Use private international law rules, like the Rome I Regulation, to determine the governing law for contracts with multiple jurisdictions.

The Cheville Doctrine case helped solidify the application of the CISG by emphasizing that even if parties are not explicitly located in signatory states, the convention can still apply if their business relationship with a signatory state is involved in the transaction.

The Vienna Convention applies to contracts for the international sale of goods between parties from different countries that are signatories to the Convention.

The goods must be subject to a contract of sale for the Vienna Convention to apply.

The Rome I Regulation helps determine the applicable law for contracts within the EU, which may point to a law that a Vienna Convention member state uses, making the Convention applicable.

Services and non-contractual relationships like torts or delicts (civil wrongs) are not governed by the Vienna Convention.

In cases of service contracts, the Vienna Convention does not apply. The jurisdiction (where the case is heard) is typically where the service was or should have been provided.

In cases of non-contractual relationships (like a tort or delict), jurisdiction can be where the harmful act occurred or where the harm was felt.

If someone defames you across multiple jurisdictions (e.g., writing a bad book sold in many countries), you can sue where they live or where the harm occurred.

The Cheville Doctrine is about how to handle defamation or harm that happens in many places. It helps decide where someone can sue (e.g., the country where the person who did the harm lives, or the countries where the harm was felt).