Sale Contracts and Sale of Goods
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Description
Scholars have always devoted a lot of attention to international sales contracts and, in particular, to contracts for the international sale of goods. In light of the importance of the latter type of sales contracts, considered to be the 'mercantile contract par excellence', the 'lifeblood of international commerce', and therefore 'the pillar of the entire system of commercial relations', this is unsurprising. And it is equally unsurprising that it is these sales contracts that have garnered the most attention from those attempting to promote certainty and predictability, 'the bedrock desiderata of [any] commercial law' (Robert Scott, 'The Uniformity Norm in Commercial Law: A Comparative Analysis of Common Law and Code Methodologies' in Jody Kraus and Steven Walt (eds), The Jurisprudential Foundations of Corporate and Commercial Law (CUP 2000) 149. 149, 176 note 3), let alone international commercial law, by attempting to create uniform rules. In this respect, reference has to be made to attempts to achieve certainty and predictability by creating a uniform set of substantive rules with the intention of overcoming the economic players' supposedly worst enemy, namely national borders and the differences between national legal systems, which constituted (and still constitute) 'an obstacle to economic relationships which constantly increase among citizens of different countries; an obstacle above all for the enterprises that are involved in international commerce and that acquire primary resource or distribute goods in different countries which all have different law' (Francesco Galgano, 'Il diritto uniforme: la vendita internazionale' in Francesco Galgano and others (eds), Atlante di diritto privato comparato (5th edn, Zanichelli 2011) 245).
Source Publication
Encyclopedia of Private International Law
Source Editors/Authors
Jürgen Basedow, Giesela Rühl, Franco Ferrari, Pedro de Miguel Asensio
Publication Date
2017
Volume Number
2
Recommended Citation
Ferrari, Franco, "Sale Contracts and Sale of Goods" (2017). Faculty Chapters. 564.
https://gretchen.law.nyu.edu/fac-chapt/564
