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Journal: Problemy Prawa Prywatnego Międzynarodowego (“Problems of private international law”)

Vienna Convention on the International Sale of Goods vs. other Acts of Uniform Contract Law with special reference to debtor's contractual liability

Maria-Anna Zachariasiewicz

Published: 31-12-2007 | Abstract | pp. 29-53

This article analyzes the impact of the Vienna Convention on the International Sale of Goods on contract law, with particular emphasis on contractual liability. The author discusses the limits of the Convention's application, emphasizing the role of extra-conventional regulations, such as the Principles of European Contract Law (PECL) and the UNIDROIT Principles, in filling gaps and interpreting provisions. The author indicates the need for harmonization of contract law on an international scale, and also analyzes the role and importance of non-binding sets of rules of contract law.

2007-12-31



Journal: Problemy Prawa Prywatnego Międzynarodowego (“Problems of private international law”)

The buyer's right to withhold payment in the event of delivery of goods that are not in conformity with the contract pursuant to Article 46 paragraphs 2 and 3 of the Vienna Convention on the International Sale of Goods

Mateusz Pilich

Published: 30-06-2009 | Abstract | pp. 89-116

The article analyzes the buyer's right to withhold payment of the price in case of delivery of non-conforming goods under the Vienna Convention on Contracts for the International Sale of Goods (CISG). The author compares this issue with Polish civil law regulations, highlighting differences and similarities, especially regarding the legal nature of the buyer's rights (constitutive or claim-based). The conditions for applying Article 46(2) and (3) of the CISG, concerning the right to demand substitute delivery or repair of goods, are discussed in detail. The possibility of deriving the right to withhold payment from other provisions of the Convention, including Article 58(3) (right to examine the goods), Article 71 (anticipatory breach), and Article 80 (creditor's act causing non-performance by the debtor), is also examined. The article concludes that although the Convention does not explicitly regulate the general right to withhold payment for defective goods, it can be derived by analogy or from general principles, such as the principle of simultaneous performance, supported by case law, e.g., the Austrian Supreme Court.

2009-06-30