Questions Q7-9a) What is the rule established in Art. 7(2) CISG? b) What are the difficulties associated with this rule? Cf. again C7-3. c) Can you find provisions similar to Art. 7(2) CISG in other international uniform sets of rules? Q 7-10 Considering the case law above (C 7-5 to C7-8), which general principles have been developed over the years? Q 7-11 a) What is the general principle set out in the Compromex decision in C7-5? b) From which provision is it derived? Q 7-12 a) What does the Bundesgericht in C7-6 state? b) Can you list the provisions that guided the court? Q 7-13 a) What was the question to be decided in C7-7? b) What was the holding of the court? c) Which provision might constitute the basis for such an assumption? d) Which distinction is usually made, and what does the court refer to with respect to the set-off of claims? Q 7-14 a) Can you think of any questions which cannot be settled in accordance with the general principles underlying the Convention but must rather be answered under the applicable domestic law? b) Which provision of the CISG will help you answer this question? Q 7-15 Which difficulties do we encounter when deciding whether we can develop a general principle from a particular provision of the CISG? Q 7-16 The issue of burden of proof was highly disputed at the Drafting Conference. The drafters feared an overlap with procedural matters, for which UNCI-TRAL had no mandate, and were deterred from settling the question of burden of proof in a general way. a) Does the Bundesgericht in C7-8 consider the burden of proof to be a procedural question, or a substantive law issue? b) How does the Bundesgericht (C 7-8) come to the conclusion that the CISG contains rules on the burden of proof? c) Can you find a provision in the CISG which, through its wording, makes

DOI link for Questions Q7-9a) What is the rule established in Art. 7(2) CISG? b) What are the difficulties associated with this rule? Cf. again C7-3. c) Can you find provisions similar to Art. 7(2) CISG in other international uniform sets of rules? Q 7-10 Considering the case law above (C 7-5 to C7-8), which general principles have been developed over the years? Q 7-11 a) What is the general principle set out in the Compromex decision in C7-5? b) From which provision is it derived? Q 7-12 a) What does the Bundesgericht in C7-6 state? b) Can you list the provisions that guided the court? Q 7-13 a) What was the question to be decided in C7-7? b) What was the holding of the court? c) Which provision might constitute the basis for such an assumption? d) Which distinction is usually made, and what does the court refer to with respect to the set-off of claims? Q 7-14 a) Can you think of any questions which cannot be settled in accordance with the general principles underlying the Convention but must rather be answered under the applicable domestic law? b) Which provision of the CISG will help you answer this question? Q 7-15 Which difficulties do we encounter when deciding whether we can develop a general principle from a particular provision of the CISG? Q 7-16 The issue of burden of proof was highly disputed at the Drafting Conference. The drafters feared an overlap with procedural matters, for which UNCI-TRAL had no mandate, and were deterred from settling the question of burden of proof in a general way. a) Does the Bundesgericht in C7-8 consider the burden of proof to be a procedural question, or a substantive law issue? b) How does the Bundesgericht (C 7-8) come to the conclusion that the CISG contains rules on the burden of proof? c) Can you find a provision in the CISG which, through its wording, makes

Questions Q7-9a) What is the rule established in Art. 7(2) CISG? b) What are the difficulties associated with this rule? Cf. again C7-3. c) Can you find provisions similar to Art. 7(2) CISG in other international uniform sets of rules? Q 7-10 Considering the case law above (C 7-5 to C7-8), which general principles have been developed over the years? Q 7-11 a) What is the general principle set out in the Compromex decision in C7-5? b) From which provision is it derived? Q 7-12 a) What does the Bundesgericht in C7-6 state? b) Can you list the provisions that guided the court? Q 7-13 a) What was the question to be decided in C7-7? b) What was the holding of the court? c) Which provision might constitute the basis for such an assumption? d) Which distinction is usually made, and what does the court refer to with respect to the set-off of claims? Q 7-14 a) Can you think of any questions which cannot be settled in accordance with the general principles underlying the Convention but must rather be answered under the applicable domestic law? b) Which provision of the CISG will help you answer this question? Q 7-15 Which difficulties do we encounter when deciding whether we can develop a general principle from a particular provision of the CISG? Q 7-16 The issue of burden of proof was highly disputed at the Drafting Conference. The drafters feared an overlap with procedural matters, for which UNCI-TRAL had no mandate, and were deterred from settling the question of burden of proof in a general way. a) Does the Bundesgericht in C7-8 consider the burden of proof to be a procedural question, or a substantive law issue? b) How does the Bundesgericht (C 7-8) come to the conclusion that the CISG contains rules on the burden of proof? c) Can you find a provision in the CISG which, through its wording, makes