Nobody downloaded yet

Analyse the compromises made in the Vienna Convention between common law and civil law approaches to contract formation - Essay Example

Comments (0) Cite this document
Virtually from the time that human beings have realized that it is well nigh impossible to produce everything in their own backyards, international sale of goods has become a necessity. Historically fraught with difficulty, given both the natural perils of the sea or other modes of travel and human error, legal systems have deemed it imperative to come up with rules to govern and protect not only international commerce so as to ensure its continued viability, but also the players involved - spelling out with no shortage of details the latter's rights and responsibilities…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95% of users find it useful
Analyse the compromises made in the Vienna Convention between common law and civil law approaches to contract formation
Read TextPreview

Extract of sample "Analyse the compromises made in the Vienna Convention between common law and civil law approaches to contract formation"

Download file to see previous pages Many of the principles of international mercantile law were derived from the early rules and traditions formulated in the Middle Ages.2
However, with regard to the unification of laws and the harmonization of principles that govern transnational commerce and in particular, the international sale of goods, serious efforts were undertaken only in the 1930s. The first draft of a uniform law on international sale of goods was developed in 1935, World political events intervened - in particular, the Second World War - and it was only in 1964 when two conventions were approved in a conference at The Hague. These conventions were the Uniform Law on the International Sale of Goods ("ULIS") and the Uniform Law on the Formation of Contracts for the International Sale of Goods ("ULF").
Many states were not comfortable with the influence of the civil law traditions of Western Europe3 . The failure of these two conventions made one conclusion inescapable: to achieve uniformity and harmonization of the principles governing the international sale of goods, there must be widespread concurrence from a vast majority of state-actors.4
The road towards a unified law was long and arduous. Two years after the conferences at the Hague, the United Nations established the United Nations Commission on International Trade Law (UNCITRAL). However, it took ten years before the UNCITRAL released the 1978 Draft Convention. Perhaps the circumstances were a little different than they were in 1968, and there was a growing realization of the imperative to come up with rules that harmonize international trade law. In 1980, 62 countries came together in a conference in Vienna and, after some debate, approved unanimously the Convention on the International Sale of Goods (CISG). In 1988, the CISG finally came into force. The prefatory statement of the CISG illuminates us as to the overarching goals of the Convention:

BEARING IN MIND the broad objectives in the resolution adopted by the sixth special session of the General Assembly of the United Nations on the establishment of a New International Economic Order,
CONSIDERING that the development of international trade on the basis of equality and mutual benefit is an important element in promoting friendly relations among States,
BEING OF THE OPINION that the adoption of uniform rules which govern contracts for the international sale of goods and take ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Analyse the compromises made in the Vienna Convention between common Essay”, n.d.)
Analyse the compromises made in the Vienna Convention between common Essay. Retrieved from
(Analyse the Compromises Made in the Vienna Convention Between Common Essay)
Analyse the Compromises Made in the Vienna Convention Between Common Essay.
“Analyse the Compromises Made in the Vienna Convention Between Common Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Analyse the compromises made in the Vienna Convention between common law and civil law approaches to contract formation

Common Law

..., acceptance and consideration. The law on each of these will be discussed and would be related to the facts and a conclusion would be made accordingly. The existence of a contract is not dependent upon it in being writing thus a contract can be existent if it oral or informal (Atiyah, 2006). The important decision in respect of contract can be said to be Smith v Hughes1, wherein the courts laid down the subjective as well as the objective test was laid down so as to determine whether a contract was existent or not. The subjective test deals with the intention of the parties to the contract whereas the objective test...
15 Pages(3750 words)Essay

Common law

...Terms Act 1977 is operational concurrent to the common law.. In respect of exclusion clauses to avoid contractual liability, the provision that comes into play is that of section 3 which applies either when one party deals as a consumer or where one party deals with the other’s ‘written standard terms of businesses. However, by virtue of the second category, s.3(2) makes attempt to exclude liability subject to test of reasonableness. The test of reasonableness has been provided for in section 11 and schedule 2 of the Act, which provides that the inclusion of such a clause should fair and reasonable taking into account the circumstances which should have been considered by the parties when the...
15 Pages(3750 words)Essay

Common law

...of control--when change is foisted on them without their consent". (par. 11). This traditional approach to change management relies on the premise that the organisation will adapt to the changes imposed on them, and once the changes are made, the company will resume its business course without looking ahead to what changes might be necessary in the future. Change projects based on technology and processes instead of staff issues are doomed to failure. "Organisations don't adapt to change; their people do," is the focus of Dawson & Jones' argument (par. 5). They note that people are willing to change if they understand and accept the reasons, and have a say in how their jobs become restructured. There...
3 Pages(750 words)Case Study

Common law and Civil law

...of approaches to statutes and codes between civil and common law, is more pronounced, and less in codification (Dainow, 1967). Countries whose laws are based on the civil system view legislation as the primary source of law. In light of this, the judgment handed down by courts is on the basis of the statutes and codes provision, and which provides solutions to cases (Von Mehren, 2000). On the other hand, the common laws perceive cases to be the primary source of the law. At the same time, statutes, which are viewed at as incursions, receives a narrow...
3 Pages(750 words)Essay

LLB Law - Contract Law

..., for this to be the case there are certain criteria that must be satisfied. In LAMPLEIGH v BRAITWAIT (1615) it was held that the act must have been requested by the promisor. As seen in Mr Baron's case he made the request for the costumes. As per RE CASEY's PATENT (1892) there was an understanding that payment would be made once all the costumes were delivered to Mr Baron for the full amount that he promised. Mr Baron did not pay the full amount he promised on delivery of the goods. Consequently he breached the terms of the contract and Mr Taylor suffered damage. There was an intention to be bound as in the case of Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256. Other cases have...
3 Pages(750 words)Case Study

Difference- Common law/Civil law

...Differences between Common Law and Civil Law Families Civil law and Common law are contrasted against each other and there primary differences lie within their application. Common law has been usually developed by custom, which normally began before any laws that were penned down. The Common law continued to be applied within the domains of the court after the written laws were brought in place. Civil law came out of the Roman law of...
2 Pages(500 words)Essay

Common Law

..., the acceptance is made at the time of posting itself. 12 Now, considering the instant case applying the above principles, there is no doubt that contract has been formed especially because the performance of the contract has been partly carried out and accepted by the buyer. If it had not been performed and the buyer or seller had objected to the terms and conditions of the other party, it would remain a counter offer. This is strictly the position in common law, though in the Vienna Convention dealing with international sale of goods, it has been provided that these need not necessarily result in a...
8 Pages(2000 words)Essay

Common law

...have reciprocal rights. In the other sort of liabilities, there is no contract between the parties, and the liability of one towards the other or others arises out of duty of the duty of care of the first party which he owes to others. Negligence Negligence is best defined by Charlesworth in his important book “On Negligence”. Negligence is a concept in common law. The concept of tort itself is taken from common law. In current forensic speech, negligence has three meanings. They are (1) a state of mind, in which it is opposed to intention; (2) careless conduct, and (3) the breach of a duty to take care imposed by...
8 Pages(2000 words)Essay

Differencies in substantive law and procedural law between common law and civil law

...of codifiers over jurisprudence. The Common Law conversely, gives its priorities to jurisprudence over the canon. To elaborate on the difference of priorities between civil and common law, examining the different roles of legislator in the countries that practice the law (Tetley). For example, French law allows separation of powers since the courts only apply ruling while legislature work is to legislate and make laws. The other difference is that common law canon’s functions is to differentiate cases that appear unsuited to civics, and at some point may...
2 Pages(500 words)Essay

Compare between criminal law and civil law demonstrate guilt. It allows one to demonstrate blame, "past a sensible uncertainty to an ethical sureness" and generally needed to get a consistent decision of the jury before a blameworthy decision may be rendered if even one legal hearer declines to vote liable, either the charged gets another trial ("hung jury") or charges are dropped( White and Edward 53). Criminal Law vs. Civil Law There are numerous differences between criminal and civil law. Criminal law is a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that...
8 Pages(2000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Analyse the compromises made in the Vienna Convention between common law and civil law approaches to contract formation for FREE!

Contact Us