This Convention governs only the formation of the contract of sale and the rights and obligations of the seller and the buyer arising from such a contract. In particular, except as otherwise expressly provided in this Convention, it is not concerned with:
(a) the validity of the contract or of any of its provisions or of any usage;
(b) the effect which the contract may have on the property in the goods sold.
Legislative history || Case law || Scholarly writings || Link to related articles || Words and phrases || CISG (full-text)
The cisgw3 bibliography contains over 8,000 citations. It is therefore likely that, in addition to case law, you will find scholarly literature - often a wealth of such literature - on virtually every aspect of the CISG you research
Scope of the Convention
The Article 4(a) validity exclusion
Anna Kazimierska [Poland], The general provisions of the Convention: problems excluded from the scope of the Convention [validity issues], in: The Remedy of Avoidance under the Vienna Convention on the International Sale of Goods, 1999 online commentary
[See also 1998 Flechtner text and Mastellone text cited above]
The Article 4(b) property exclusion
Supplementary list of citations to Article 4 commentaries: Unilex citations*
* Most members of the Autonomous Network of CISG Websites also offer bibliographies. Many are tailored, concentrating on commentaries by authors from or writing on CISG issues of special interest to specific countries or regions; some, e.g. CISG online are general and extensive; some, e.g., CISG-Belgium and CISG-Finland also list commentaries by individual articles of the CISG.
To identify other relevant commentaries, go to the cisgw3 Bibliography and Bibliography Search Form [property, scope, sphere of application, mistake and validity are search form entries you may wish to consider]
We also encourage you to tailor your own cisgw3 bibliography search to the
* The cisgw3 bibliography contains over 500 pages of citations. Analyzing these listings can pay dividends.
One should be aware that Article 4(a) research can present a special search challenge as validity issues may be discussed in many contexts. A good example is John O. Honnold, Uniform Law for International Sales, 3rd. ed. (1999). In addition to Honnold's discussion of validity issues in his chapter on Article 4, one encounters validity discussions in his chapter on Article 8, on Article 35, and elsewhere in this text.
Links to related articles
Attention to related articles and to the CISG in its entirety is important. This is an autonomous law, i.e.,
it is meant to be construed within its four corners. When considering aspects of the CISG, because this
law relies heavily on general principles, one ought to look at related provisions and the CISG in its
Words, phrases and concepts See also:
Attention to related articles and to the CISG in its entirety is important. This is an autonomous law, i.e., it is meant to be construed within its four corners. When considering aspects of the CISG, because this law relies heavily on general principles, one ought to look at related provisions and the CISG in its entirety.
Words, phrases and concepts
For a Doctoral thesis on "Reasonableness" in International Commercial Law, go to Guillaume Weiszberg, Le "Raisonnable" en Droit du Commerce International [pour le doctorat en droit de l’Université Panthéon-Assas (Paris II), 7 novembre 2003]