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ANNOTATED TEXT OF CISG
(1) The parties are bound by any usage to which they have agreed and by any practices which they have established between themselves.
(2) The parties are considered, unless otherwise agreed, to have impliedly made applicable to their contract or its formation a usage of which the parties knew or ought to have known and which in international trade is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade concerned.
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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
Comments on Article 9 from seminal 1986 text by Peter Schlechtriem [Germany]
- Selected monographs and anthologies
- Selected law journal articles and other commentaries
- Stephen Bainbridge [U.S.], Trade Usages in International Sales of Goods: An Analysis of the 1964 and 1980 Sales Conventions, 24 Virginia Journal of International Law (1984) 619-665
- Patrick X. Bout [Netherlands], Article 9 of the Convention on Contracts for the International Sale of Goods, Pace essay (1998)
- Chan Leng Sun [Singapore], Interpreting an International Sale Contract, presentation at Singapore International Arbitration Centre and UNCITRAL seminar on Celebrating Success: 25 Years United Nations Convention on the International Sale of Goods, Singapore (22-23 September 2005) 16 p.
- Michael Esser [Germany], Commercial Letters of Confirmation in International Trade: Austrian, French, German and Swiss Law and Uniform Law under the 1980 Sales Convention [silence or inactivity does not in itself amount to acceptance (Art. 18(1)) vs. applicable usages (Art. 9)], 18 Georgia Journal of International and Comparative Law (1988) 427-460
- Franco Ferrari [Italy], What Sources of Law for Contracts for the International Sale of Goods? Why One Has to Look Beyond the CISG, 25 International Review of Law and Economics (September 2005) 333-336
- E. Allan Farnsworth [U.S.], Unification of Sales Law: Usage and Course of Dealing, in: Unification and Comparative Law in Theory and Practice: Liber amicorum Jean Georges Sauveplanne, Deventer: Kluwer Law and Taxation (1984) 81-89 [available on the Internet courtesy of CENTRAL Transnational Law Database (TLDB]
- Aleksandar Goldstajn [Croatia], Usages of Trade and Other Autonomous Rules of International Trade According to the UN (1980) Sales Convention, in: Sarcevic & Volken ed., International Sale of Goods: Dubrovnik Lectures, Oceana (1986) Ch. 3, 55-110
- Roy Goode [England], Usage and its Reception in Transnational Commercial Law, in: Ziegel ed., Proceedings of the 8th Biennial Conference of the International Academy of Commercial and Consumer Law, Oxford: Hart (1998) 3-36
- Leonardo Graffi, Remarks on Trade Usages and Business Practices in International Sales Law, [papers from Uniform Sales Law: the CISG at its 30th Anniversary, a conference in memory of Albert H. Kritzer, 12-13 November 2010, Belgrade] The Annals of the Faculty of Law in Belgrade - Belgrade Law Review, Year LIX (2011) no. 3 pp. 102-123
- Peter Huber [Germany], excerpt from Some Introductory Remarks on the CISG, Internationales Handelsrecht (December 2006) 237-238
- Heikki Jokela [Finland], The Role of Usages in the Uniform Law on International Sales, 10 Scandinavian Studies in Law (1966) 81-96 [commentary on ULIS/ULF antecedents to CISG Article 9]
- Amy H. Kastely [U.S.], excerpt from "Unification and Community: A Rhetorical Analysis of the United Nations Sales Convention"
- Jorge Oviedo Albán [Colombia], Los usos y costumbres en el derecho privado contemporáneo [Usages and practices in contemporary international law - in Spanish], Monografia publicada en revista Vniversitas No. 102 (Diciembre de 2001) 31p.
- Chalarambos Pamboukis, The Concept and Function of Usages in the United Nations Convention on the International Sale of Goods, 25 Journal of Law and Commerce (2005-2006) 107-131
- László Réczei [Hungary], The Rules of the Convention Relating to Its Field of Application and to Its Interpretation, 1979 Potsdam Colloquium (Oceana 1980): Section XIV. Usages and practices
- Clive M. Schmitthoff [United Kingdom], International Trade Usages, Institute of International Business Law and Practice Newsletter, Special Issue, ICC Pub. No. 440/4, Paris (1987) [excerpt on Incoterms and the UCP available on the Internet courtesy of CENTRAL Transnational Law Database (TLDB)]
- Supplementary list of citations to Article 9 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 [usage and general provisions are search form entries you may wish to consider]
Bibliography citations on general provisions
Citations on usage
We also encourage you to tailor your own cisgw3 bibliography search to the specific aspect of this article that you are researching.*
* The cisgw3 bibliography contains over 500 pages of citations. Analyzing these listings can pay dividends.
Links to related articles
Words, phrases and concepts
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.
- reasonableness: Although not specifically mentioned in this article, reasonableness is a general principle of the CISG
Pace Law School Institute of International Commercial Law
- Last updated January 15, 2014
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