Scope of Application: Articles 4-5
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Description
Whereas Articles 1-3 (as well as Article 6) deal with the CISG's sphere of application, Articles 4 and 5 define the Convention's scope of application. In other words, whereas the former provisions determine whether the CISG applies at all, the latter ones determine to what extent it applies. From this, one can gather the importance of Articles 4 and 5. Although the CISG may be applicable, by limiting the CISG's scope of application, these two Articles may make it necessary to resort to domestic law, as the CISG may not deal with the specific substantive issue to be solved. It is therefore of paramount importance to determine exactly the CISG's scope of application. Case law may be helpful in doing so, which is where the Digest (in particular, the Digest parts relating to Articles 4 and 5) becomes relevant, as it provides what is supposed to be a complete list of existing cases on the issue. The following remarks will show, however, that for an exact determination of the CISG's scope of application, the draft Digest is only of limited help, for various reasons. There are instances where the court decisions that are acritically cited in the draft Digest are incorrect; there are other instances where the case law cited in the draft Digest is contradictory (contradictions the draft Digest does not attempt to solve); and, last but not least, there are issues the draft Digest does not refer to at all, since no cases dealing with those issues yet exist.
Source Publication
The Draft UNCITRAL Digest and Beyond: Cases, Analysis and Unresolved Issues in the U.N. Sales Convention - Papers of the Pittsburgh Conference Organized by the Center of International Legal Education (CILE)
Source Editors/Authors
Franco Ferrari, Harry Flechtner, Ronald A. Brand
Publication Date
2004
Recommended Citation
Ferrari, Franco, "Scope of Application: Articles 4-5" (2004). Faculty Chapters. 592.
https://gretchen.law.nyu.edu/fac-chapt/592
