ABSTRACT

The Commission combined the two draft conventions into one – the Convention on the International Sale of Goods – and submitted it to the Diplomatic Conference held at Vienna. Although this chapter focuses on the Vienna Convention, reference to the Uniform Law on International Sales (ULIS) and the Uniform Law on the Formation of International Sales (ULFIS) conventions will be made as and where relevant. The drafters intended to offer the Vienna Convention as a truly international instrument in the interests of wide acceptance, thus furthering the fundamental objectives of harmonisation and certainty. The Vienna Convention is comprised of several parts: sphere of application and general provisions; formation of contract; obligations of the seller, the buyer, remedies for breach of contract by seller and buyer, passing of risk and damages. The Vienna Convention, although adopting the mirror image rule, allows for some distortion.