In this article, the authors assert that the United Nations Convention for the International Sale of Goods (CISG) can contribute to tackling gaps in statutory legislation and defective business conduct that have been associated with unsustainable trade in Global Supply Chains (GSCs). The authors provide evidence that the CISG contains rules enabling a general legal framework for establishing uniform sustainable standards for goods concerning suppliers, sellers and buyers located in different countries. For instance, the CISG provisions on contract formation ease the incorporation of joint codes of conduct for sustainable trade in GSCs. In addition, the contracting parties’ circumstances and current trade usages are now more relevant to determine what constitutes conformity of the goods under the contract and the default warranties in Article 35 CISG. On the level of remedies, the authors show that best-efforts provisions, possibly included in a code of conduct or inferred from standards applicable to the goods, may redefine the notion of impediment in Article 79 CISG, which could lead to exoneration of liability for the seller. They also demonstrate why fundamental breach and the calculation of damages are at the centre of the discussion regarding the remedies for breach of an obligation to deliver sustainable goods. |
Search result: 6 articles
Article |
Sustainability in Global Supply Chains Under the CISG |
Journal | European Journal of Law Reform, Issue 3 2021 |
Keywords | CISG, sustainability, supply chains, UN Global Compact, Codes of Conduct, conformity of the goods |
Authors | Ingeborg Schwenzer and Edgardo Muñoz |
AbstractAuthor's information |
Article |
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Journal | European Journal of Law Reform, Issue 3 2020 |
Keywords | contracts, sales, law reform, CISG, UNIDROIT Principles, Argentina, France, comparative law |
Authors | Edgardo Muñoz and Inés Morfín Kroepfly |
AbstractAuthor's information |
The Argentine and the French civil codes have recently undergone substantial modifications to their contract law provisions. These novel statutes could serve as models for future B2B contract law reforms in Latin American jurisdictions and beyond, as former Argentine and French laws have done in the past. The authors offer a contribution that paves the way in that direction with a systematic comparative analysis. As a starting point, this article unveils the influence that the modern unified laws on contracts (UNIDROIT Principles on International Commercial Contracts (PICC) and United Nations Convention on Contracts for the International Sale of Goods of 1980 (CISG)) have in Argentina’s and France’s new contract law. It also highlights the most obvious similarities and differences in both sets of rules. This contribution goes beyond simple tertium comparisons; the authors analyse which of the two laws offers better, or more effective, rules to achieve the desired contract law functions in various matters. Readers are provided with the best rule or solution to address the problem in question and, as the authors hope, they should conclude that both models provide for a range of complementary solutions for modern contract law reforms. |
Article |
Spain: Towards a National Space Legislation and a Spanish Space Agency? |
Journal | International Institute of Space Law, Issue 5 2015 |
Authors | María-del-Carmen Muñoz-Rodríguez |
Author's information |
Article |
The Return of Objects Launched into Outer Space: Some Legal QuestionsThe 40th Anniversary of the Rescue Agreement: Looking Ahead |
Journal | International Institute of Space Law, Issue 2 2008 |
Authors | J.M. de Faraminán Gilbert and M. del Carmen Munoz Rodriguez |
Article |
The Cooperation Between ESA and EU Regarding the Earth ObservationCooperation in Space Activities, With Special Focus on Remote Sensing |
Journal | International Institute of Space Law, Issue 4 2006 |
Authors | M. del Carmen Munoz Rodríguez and J. de Faraminán Gilbert |
Article |
European Space Policy: A Common Future for ESA and EUInternational Law and Practice of Agreements on Cooperation Regarding Space Activities |
Journal | International Institute of Space Law, Issue 2 2004 |
Authors | J.M. Faraminán Gilbert and Ma del Carmen Munoz Rodríguez |