• Elia Paretti dissertation

This Thesis deals with how international sales of goods are treated and what the protections and obligations for sellers and buyers are.
The United Nations Convention on Contracts for the International Sale of Goods, (CISG), is an international treaty which rules contracts for saling goods between parties belonging to different countries.
It was established to provide a unified and comprehensive framework for international sale transactions Moreover it promotes trade by reducing legal uncertainties and disparities among various national legal systems.
CISG became law in 1988 and has been adopted by several countries.
It made a widely recognized and utilized instrument in the realm of international commerce. This convention sets out rules and principles applied to various aspects of international sales, including contract formation, obligations of the parties, and remedies in case of breach, in order to facilitate smoother and more predictable international trade relationships.
The kwowledge of its historical reconstruction is important to understand the global evolution of commerce and it is summarized in the following:
- since 1930s untill 1950s: After the first World War, although a need for standardization to promote international trade occurred, the International Chamber of Commerce attempted to develop uniform rules, but theirglobal adoptions were limited.
- 1960s: The need for broader harmonization became evident.
To satistied this requirement UNCITRAL was established in 1966 and played a key role in shaping the Vienna Convention.
- 1970s: The increasing complexity of international commercial transactions and the lack of uniform rules led to the initiative to develop a global convention under the United Nations auspices.
Drafting Process:
- 1974: The United Nations Commission on International Trade Law (UNCITRAL) formed a working group devoted to developing a draft convention. Subsequently to intense negotiations and contributions from various countries, the final text was drafted.
- 1980: The Convention was adopted in Vienna and represented a significant outcome of international cooperation to harmonize commercial laws.
Ratification and Implementation:
- 1988: The Convention pursuant to law on January 1st, 1988, after being ratified by a sufficient number of countries.
Its application had steadily grown over the years.
The Vienna Convention of 1980 is structured into three main parts:
Part I: Introduction (Articles 1-6) - Defines the scope of application and establishes general rules for interpreting the Convention.
Part II: Formation of the Contract (Articles 7-29) - Addresses aspects such as offer, acceptance, communication of proposals, and other fundamental elements in contract style.
Part III: Sale of Goods (Articles 30-101) - Deals with the obligations of the parties, rights and duties of buyers and sellers, and available remedies in case of contractual breach.