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Can you imagine why? Consider the following situations and decide whether they are also governed by the CISG (provided that the CISG applies to the residual contract): • an offer to adjust the purchase price; • an offer to terminate the contract amicably; • a settlement. Q4-4 Other uniform law does not show the same restriction in the scope of application. The UP 2004 and the PECL, for example, not only provide rules for the formation of contract and the remedies of the parties, but also deal with the validity of contract, except for the issue of illegality, immorality or lack of capacity. a) Why do you think the drafters of the CISG refrained from settling the above mentioned issues? b) Why are there no particular difficulties when dealing with those issues in the PECL and the UP 2004, respectively? Q4-5 What might have been the reason for excluding the issue of ownership from the Convention’s scope of application? Q4-6a) Does applicable domestic law invalidate a right to avoid the contract resulting from an application of the CISG? Cf. C4-1. b) According to C4-1, in deciding whether domestic law supersedes the CISG, what factors are to be taken into account?
DOI link for Can you imagine why? Consider the following situations and decide whether they are also governed by the CISG (provided that the CISG applies to the residual contract): • an offer to adjust the purchase price; • an offer to terminate the contract amicably; • a settlement. Q4-4 Other uniform law does not show the same restriction in the scope of application. The UP 2004 and the PECL, for example, not only provide rules for the formation of contract and the remedies of the parties, but also deal with the validity of contract, except for the issue of illegality, immorality or lack of capacity. a) Why do you think the drafters of the CISG refrained from settling the above mentioned issues? b) Why are there no particular difficulties when dealing with those issues in the PECL and the UP 2004, respectively? Q4-5 What might have been the reason for excluding the issue of ownership from the Convention’s scope of application? Q4-6a) Does applicable domestic law invalidate a right to avoid the contract resulting from an application of the CISG? Cf. C4-1. b) According to C4-1, in deciding whether domestic law supersedes the CISG, what factors are to be taken into account?
Can you imagine why? Consider the following situations and decide whether they are also governed by the CISG (provided that the CISG applies to the residual contract): • an offer to adjust the purchase price; • an offer to terminate the contract amicably; • a settlement. Q4-4 Other uniform law does not show the same restriction in the scope of application. The UP 2004 and the PECL, for example, not only provide rules for the formation of contract and the remedies of the parties, but also deal with the validity of contract, except for the issue of illegality, immorality or lack of capacity. a) Why do you think the drafters of the CISG refrained from settling the above mentioned issues? b) Why are there no particular difficulties when dealing with those issues in the PECL and the UP 2004, respectively? Q4-5 What might have been the reason for excluding the issue of ownership from the Convention’s scope of application? Q4-6a) Does applicable domestic law invalidate a right to avoid the contract resulting from an application of the CISG? Cf. C4-1. b) According to C4-1, in deciding whether domestic law supersedes the CISG, what factors are to be taken into account?
ABSTRACT
Can you imagine why? Consider the following situations and decide whether they are also governed by the CISG (provided that the CISG applies to the residual contract):
• an offer to adjust the purchase price; • an offer to terminate the contract amicably; • a settlement.