SELLER'S OBLIGATIONS

The International Sale of Goods Contract

Abstract

The United Nations Convention on Contracts for the International Sale of Goods (The UN Convention on Contracts for the International Sale of Goods-CISG) adopted in Vienna on 11 April 1980 on the draft prepared by UNCITRAL (United Nations Commission for international trade law). Its aim was to continue working towards the unification of the discipline of international sales already undertaken by the adoption of the two Hague Conventions of 1964; namely the Uniform Law for the International Sale of Goods (LUVI) and the Uniform Law on the Formation of Contracts for the International Sale of Goods (LUFC), which, however, did not have the success hoped for. According to the contract, each purchase and sale of goods is by the parties from different states, has independent legal significance. The rights and obligations of the parties of the transaction set by agreement between the parties. Therefore, practice and precise articulation of the deal are particularly important, including the definition of the responsibilities of the parties. Significant differences in the norms of national legislation, as well as the difficulties in defining the law applicable to the transactions lead to the desire of partners to regulate their relationship as fully as possible in the contract. This, in turn, leads to a complication of contract negotiations; the international sale of goods is when the establishment of the seller and buyer located in different States. It is, therefore, clear that the criterion to characterize the international aspect of a sale is easy to recognize, which is of sales crossing national borders.

The International Sale of Goods Contract

Introduction

Contract for International Sale of Goods is the voluntary agreement concluded between parties domiciled in different countries, through which transfers ownership of goods to be transported to another country, taking in consideration the payment of a price. In international trade, the purchase agreement is a legal need to carry out a serious and orderly transaction. The agreement defines obligations and responsibilities so that both buyer and seller are clear in the agreement, thus avoiding misunderstandings. While, the contract is not a guarantee of payment to the exporter or importer, is a useful tool to overcome cultural and language barriers that may affect the success of the business. Also, the process of preparation of the contract involves an orderly approach to negotiate payment terms, exceptions, responsibilities, terms of delivery and risk management.

According to experience, although the international sales contract is the main source of international commercial law in practice is less formal and often very poorly negotiated between the parties. Often, only exporters and importers agree about what should be traded and the basic conditions of the transaction. Among the important points agreed with transparency are the means of payment to be used and which party is going to take called "indirect costs". These are small details that can make a difference in an international commercial transaction. To, achieve its objective, the contract requires a legal framework where you can find sustenance, and that is more ...