Q 38/9-26 a) How can the form requirements of Art. 39(1) CISG be interpreted in light of electronic communication? b) Does the form of the notice even play a role at all? Art. 39(2) CISG time limit 38/9-19 : Art. 39(2) CISG creates a cut-oﬀ date for the giving of notice of lack of conformity at two years from the date the goods were handed over to the buyer, subject to any contractual period of guarantee. The cut-oﬀ period hereunder is, however, not to be confused with the limitation periods for bringing warranty claims, which determine the period within which the buyer must bring an action before the courts in order to be able to enforce its

doi:10.4324/9780203945445-121

Chapter

Q 38/9-26 a) How can the form requirements of Art. 39(1) CISG be interpreted in light of electronic communication? b) Does the form of the notice even play a role at all? Art. 39(2) CISG time limit 38/9-19

Chapter

ABSTRACT

The interaction between the two-year cut-oﬀ period for giving notice of lack of conformity and domestic rules concerning limitation periods for the bringing of actions has also caused some controversy in the courts. There is no problem where the domestic limitation period exceeds the two-year limit under Art. 39(2) CISG. However, it can be problematic in cases in which the domestic limitation period is shorter than the two-year cut-oﬀ period for giving notice of lack of conformity, such as under Swiss law, in which the domestic limitation period is one year.131