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GUIDE TO ARTICLE 6

Comparison with Proposed Common European Sales Law



Match-up of CISG Article 7 with Proposed Common European Sales Law Articles 1, 22, 27, 47
CISG Article 6

The parties may exclude the application of this Convention or, subject to article 12, derogate from or vary the effect of any of its provisions.
Proposed Common European Sales Law

Article 1 [Freedom of contract]

1. Parties are free to conclude a contract and to determine its contents, subject to any applicable mandatory rules.

2. Parties may exclude the application of any of the provisions of the Common European Sales Law, or derogate from or vary their effects, unless otherwise stated in those provisions.

Article 22 [Mandatory nature]

The parties may not, to the detriment of the consumer, exclude the application of this Section or derogate from or vary its effects.

Article 27 [Mandatory nature]

In relations between a trader and a consumer, the parties may not, to the detriment of the consumer, exclude the application of this Section or derogate from or vary its effects.

Article 47 [Mandatory nature]

The parties may not, to the detriment of the consumer, exclude the application of this Chapter or derogate from or vary its effects.


© Pace Law School Institute of International Commercial Law - Last updated December 13, 2011
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