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Contracting States The CISG applies when, at the time of the conclusion of the contract, the parties have their relevant place of business in different Contracting States. This means that, at the time of the conclusion of the contract, the CISG must have been put into force in the corre-sponding States. Whether a country has become a Contracting State to the CISG can be ascertained by referring to the official website of UNCITRAL. The website lists all Contracting States and states the date of ratification of the CISG, as well as any reservations made by a Contracting State. Art. 100 CISG draws a distinction between the applicability of Part II and Part III of the Convention: the rules of formation of a contract (Part II) already apply when the offer is made on or after the date the Convention is enacted. In contrast, Part III (Art. 25 et seq.) only applies if the contract is concluded on or after the date the Convention becomes effective in the Member State(s) concerned. The question of when the Convention takes effect in a Contracting State is settled in Art. 99 CISG. A similar distinction between Part II and Part III of the Convention is drawn in Art. 92 CISG. 3. Place of business Art. 1(1) CISG refers to the place of business of the parties without defining it. The Convention requires an objective recognisability of the fact that the parties have their places of business in different States. Art. 1(2) CISG enumerates three sources: it should be recognisable either 1) from the contract, 2) from any dealings between the parties, or 3) from any information disclosed by the parties that they have their places of business in different States. Art. 1(1), (2) CISG is supplemented by Art. 10 CISG, pursuant to which reference is to be made to a party’s habitual residence where it has no place of business. For case law interpreting the required recognisability, see below, Article 10 CISG. According to Art. 1(3) CISG, the nationality of the parties, their qualification as civil or commercial legal persons, and the qualification of the contract as civil or commercial are irrelevant factors for determining whether the CISG applies. The purpose of Art. 1(3) CISG is to ensure that the applicability of the CISG does not depend on a domestic-law qualification of the parties or the contract. The CISG autonomously distinguishes between consumer and non-consumer sales contracts and states in Art. 2(a) CISG that it only applies to the latter. C1-1
DOI link for Contracting States The CISG applies when, at the time of the conclusion of the contract, the parties have their relevant place of business in different Contracting States. This means that, at the time of the conclusion of the contract, the CISG must have been put into force in the corre-sponding States. Whether a country has become a Contracting State to the CISG can be ascertained by referring to the official website of UNCITRAL. The website lists all Contracting States and states the date of ratification of the CISG, as well as any reservations made by a Contracting State. Art. 100 CISG draws a distinction between the applicability of Part II and Part III of the Convention: the rules of formation of a contract (Part II) already apply when the offer is made on or after the date the Convention is enacted. In contrast, Part III (Art. 25 et seq.) only applies if the contract is concluded on or after the date the Convention becomes effective in the Member State(s) concerned. The question of when the Convention takes effect in a Contracting State is settled in Art. 99 CISG. A similar distinction between Part II and Part III of the Convention is drawn in Art. 92 CISG. 3. Place of business Art. 1(1) CISG refers to the place of business of the parties without defining it. The Convention requires an objective recognisability of the fact that the parties have their places of business in different States. Art. 1(2) CISG enumerates three sources: it should be recognisable either 1) from the contract, 2) from any dealings between the parties, or 3) from any information disclosed by the parties that they have their places of business in different States. Art. 1(1), (2) CISG is supplemented by Art. 10 CISG, pursuant to which reference is to be made to a party’s habitual residence where it has no place of business. For case law interpreting the required recognisability, see below, Article 10 CISG. According to Art. 1(3) CISG, the nationality of the parties, their qualification as civil or commercial legal persons, and the qualification of the contract as civil or commercial are irrelevant factors for determining whether the CISG applies. The purpose of Art. 1(3) CISG is to ensure that the applicability of the CISG does not depend on a domestic-law qualification of the parties or the contract. The CISG autonomously distinguishes between consumer and non-consumer sales contracts and states in Art. 2(a) CISG that it only applies to the latter. C1-1
Contracting States The CISG applies when, at the time of the conclusion of the contract, the parties have their relevant place of business in different Contracting States. This means that, at the time of the conclusion of the contract, the CISG must have been put into force in the corre-sponding States. Whether a country has become a Contracting State to the CISG can be ascertained by referring to the official website of UNCITRAL. The website lists all Contracting States and states the date of ratification of the CISG, as well as any reservations made by a Contracting State. Art. 100 CISG draws a distinction between the applicability of Part II and Part III of the Convention: the rules of formation of a contract (Part II) already apply when the offer is made on or after the date the Convention is enacted. In contrast, Part III (Art. 25 et seq.) only applies if the contract is concluded on or after the date the Convention becomes effective in the Member State(s) concerned. The question of when the Convention takes effect in a Contracting State is settled in Art. 99 CISG. A similar distinction between Part II and Part III of the Convention is drawn in Art. 92 CISG. 3. Place of business Art. 1(1) CISG refers to the place of business of the parties without defining it. The Convention requires an objective recognisability of the fact that the parties have their places of business in different States. Art. 1(2) CISG enumerates three sources: it should be recognisable either 1) from the contract, 2) from any dealings between the parties, or 3) from any information disclosed by the parties that they have their places of business in different States. Art. 1(1), (2) CISG is supplemented by Art. 10 CISG, pursuant to which reference is to be made to a party’s habitual residence where it has no place of business. For case law interpreting the required recognisability, see below, Article 10 CISG. According to Art. 1(3) CISG, the nationality of the parties, their qualification as civil or commercial legal persons, and the qualification of the contract as civil or commercial are irrelevant factors for determining whether the CISG applies. The purpose of Art. 1(3) CISG is to ensure that the applicability of the CISG does not depend on a domestic-law qualification of the parties or the contract. The CISG autonomously distinguishes between consumer and non-consumer sales contracts and states in Art. 2(a) CISG that it only applies to the latter. C1-1
ABSTRACT
Art. 1(1), (2) CISG is supplemented by Art. 10 CISG, pursuant to which reference is to be made to a party’s habitual residence where it has no place of business. For case law interpreting the required recognisability, see below, Article 10 CISG.