CISG Memo, International Business Law - Essay Example

Download file to see previous pages Article 30 broadly describes the seller's obligation while articles 31-34 expounds on that focusing on the "delivery of the goods and handing over of documents." Article 67 must be read in conjunction with these articles for it determines who assumes the risk of loss and when or under what circumstances this is passed onto the buyer.
Article 31 applies only if the seller is not bound to deliver the goods at any other particular place. This article specifies the place where he is to perform his obligation to deliver. The general rule is the seller's place of business. There are two exceptions: (1) where the sale involves carriage of the goods then the obligation is fulfilled when the goods are handed over to the first carrier for transmission to buyer; (2) if the contract is not covered by the first exception and is related to specific goods, or unidentified goods to be drawn from a specific stock or to be manufactured or produced at a particular place the obligation is fulfilled when the goods are placed at the buyer's disposal meaning that "the seller has done that which is necessary for the buyer to be able to take possession."1 The effect of the fulfillment of the obligation to deliver is that any risk of subsequent damage or loss has now passed onto the buyer. ...
If the contract involves the carriage of goods and the seller is not bound to hand them over at a particular place, the risk passes to the buyer when they are handed to the first carrier for transmission to the buyer. But if a place is specified for delivery, the risk passes onto the buyer only when the goods are handed over to the carrier at the place agreed upon. Note that even if the seller is authorized to retain the documents controlling the disposition of goods is immaterial to the passage of the risk. These rules will still apply.
Article 32 sets forth the additional obligations of the seller in article 31. The first is to clearly identify the goods through the buyer's notice of the consignment. The second is to enter into contracts necessary for the proper transport of the goods in keeping with the circumstances and usual practice. Third, if the seller is not bound to effect insurance, he must inform the buyer so that the buyer may opt to obtain the same.
Article 33 as a general rule states that the delivery of goods must be at within a reasonable time after the conclusion except when a date or a period is fixed or determinable from the contract.
Article34 requires that the seller must hand over the documents to the goods in the time, place and required form as specified in the contract. If the seller hands the documents earlier than the agreed time, he is given the right to cure any lack of conformity in the documents. He can exercise this right until the time to hand over the document expires. Consequently the buyer is given the right to claim damages if in the exercise of such right by the seller causes him unreasonable inconvenience or expenses.
According to a practicing lawyer, the rules of the CISG will create ...Download file to see next pagesRead More