provisions under CISG;
▪ 1) regarding the reservation towards the applicable scope of CISG.
▪ 2) regarding the reservation towards the form of a contract..
are divided into four parts: ▪ (1) Part I deals with the scope of
application of the Convention and the general provisions; ▪ (2) Part II contains the rules governing the formation of contracts for the international provisions;
3. Applicability（适用范围） of the CISG
▪ (1) Direct application. ▪ Through Article 1(1) (a), the CISG applies
when both parties to the contract of sale have their places of business in different states that are both contracting states.
Exercises:
▪ 1. What are the definition and requirement of an offer?
▪ 2. What are the definition and requirement of an acceptance?
▪ 3. State the rules of consideration. ▪ 4. According to common law, what are the
▪ Second, the CISG specifically excludes certain specific kinds of sales such as sale by auction, and certain specific kinds of goods, such as stocks, electricity, ships, hovercraft, and aircraft.
▪ (3) Opting out(退出). ▪ (4) Opting in(决定参加).
▪ (5) Exclusions.
▪ The CISG does not apply to various types of questions as follows:
▪ 1) Exclusion of questions of validity of the contract.
▪ (2) Indirect application.
▪ According to Article (1) (b), Even if one or both parties do not have their place of business in a contracting state, the CISG might still apply “when the rules of private international law lead to the application of the law of a contracting state”.
▪ (3) Part III contains the substaቤተ መጻሕፍቲ ባይዱtive rules for the sales contract (obligations and rights of the parties);
▪ (4) Part IV contains the final clauses of the Convention concerning such matters as how and when it comes into force, the reservations and declarations that are permitted and the application of the Convention to international sales where both States concerned have the same or similar law on the subject.
circumstances that made specific performance not available?
Chapter Five Law of International Sale of Goods
▪ I. Introduction to CISG ▪ II. Formation of Contract for International
4. Sales of Goods Under the CISG
▪ (1) Goods ▪ The CISG applies only to a sale of goods. ▪ First, it excludes international consumer
sales of “goods bought for personal, family or household use.”
Sale of Goods ▪ III. Obligations of the Seller and Buyer ▪ IV . Remedies for Breach of Contract ▪ V. Passing of Risk
I. Introduction to CISG
▪ 1. History of CISG ▪ 2. Scope of the CISG ▪ The CISG is composed of 101Articles that
▪ 2) Exclusion of questions of effect on property.
▪ 3) Exclusion of questions of liability due to death or personal injury.
▪ (6) Reservation（保留） ▪ China makes two reservations towards the