Writing Requirements: Articles 11-13

Writing Requirements: Articles 11-13

Description

As pointed out both by commentators and courts, Article 11 CISG, which is based on Article 15 ULIS and Article 3 ULF, establishes for the Convention the principle of freedom from form requirements, which is also found in many domestic legal systems. Thus, under the CISG a contract of sale need in general not be concluded in writing and is not subject to any other specific requirement as to form. This means that a contract can, as has been confirmed by various court decisions, be concluded orally as well as through the conduct of the parties. Article 11, furthermore, also pre-empts domestic rules that require a contract to be signed to bind the parties, a view apparently shared by a Swiss court which stated that a signature was not necessary because a sales contract is not subject to any requirement as to form.

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

Writing Requirements: Articles 11-13

Find @ NYU

Share

COinS