The UN Convention on Contracts for the International Sale of Goods‚ It’s Not Your Father’s Uniform Commercial Code

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is a set of rules that govern international sales of goods. It was created in 1980 and has been ratified by many countries, including the United States. This means that if a business in Florida is buying or selling goods to a business in another country that has also ratified the CISG, these rules will apply instead of the usual rules for domestic sales. It’s important for Florida lawyers to be aware of the CISG and its differences from our usual sales laws. The CISG is a treaty that applies to international agreements for the sale of goods between parties from different countries. It automatically becomes the governing law unless the parties choose to not follow it. This means that if you buy something from someone in another country, the rules about the sale might be different from what you’re used to. It’s important to understand these rules because they might affect where you can go to solve a problem, and there are big differences between the CISG and the UCC, which is the law that usually applies in the U.S. The CISG is a federal law that allows cases to be brought to federal courts without the need for complete diversity of citizenship and a large amount of money in controversy. It has important differences from the UCC and U.S. common law in how contracts are formed and interpreted, the writing requirement, and the use of parol evidence. Understanding these differences is key in handling CISG cases. The parol evidence rule, which limits the use of evidence of oral agreements in interpreting written contracts, does not apply to contracts governed by the CISG. This means that evidence of a previous oral agreement that contradicts the written contract can be used in court. Additionally, the CISG requires courts to consider the parties’ subjective intent when interpreting agreements, which is different from how U.S. law usually works. Art. 16 of the CISG deals with how contracts are formed. In some legal traditions, offers to enter into a contract can be changed or taken back, but in others they can’t. The CISG tries to find a middle ground. It says that an offer can be taken back as long as the person receiving the offer hasn’t accepted it yet. But if the person making the offer says it can’t be taken back or sets a time limit for accepting it, then it can’t be changed. It also doesn’t mention the need for something in exchange to make the offer unchangeable or anything like the “firm offer” rules in the UCC. The CISG, an international trade law, is different from the UCC, a US trade law. The CISG doesn’t need contracts to be in writing and has different rules for when a contract can be canceled. If you don’t want to deal with the CISG, make sure your agreement says so. As international trade becomes more important, it’s essential for Florida lawyers to learn about the CISG. The UN Convention on Contracts for the International Sale of Goods (CISG) is a set of rules for international sales contracts. It applies to most types of goods, unless the parties specifically say it doesn’t. Some court cases have shown that the CISG can override state laws, but it only applies if the parties haven’t opted out of it. The CISG is used in a lot of international transactions, and it can also affect how evidence is used in court cases. The CISG is a law that applies to international sales contracts. It doesn’t require a written agreement, and it allows for different types of evidence to show that a contract exists. It also provides a broader range of remedies for when a contract is broken, compared to the UCC. The CISG also has different rules about warranties for the quality of goods. The UCC and CISG provisions may be similar, but UCC case law is not automatically applicable in international commercial arbitration and litigation. This article was written by a lawyer at a Miami firm and is supported by the International Law Section. The Florida Bar aims to promote duty, service to the public, and the advancement of jurisprudence.

Source: https://www.floridabar.org/the-florida-bar-journal/the-un-convention-on-contracts-for-the-international-sale-of-goods-its-not-your-fathers-uniform-commercial-code/