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Reproduced with permission from Juridisk Tidskrift (1991/92) 1-28

excerpt from

Uniform Sales Law - The Experience with Uniform Sales Laws in the Federal Republic of Germany

Peter Schlechtriem [*]

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The parties can derogate from the CISG wholly or in part, Art. 6. Although not mentioned in Art. 6 as it was in Art. 3 ULIS, one has to assume that an exclusion of the Convention does not have to be made expressly but can also be implied.[20] As mentioned before, an implied exclusion of the Uniform Sales Law was a problem often dealt with under ULIS, when, for example, standard contracts conditions referred to "German Law". The German Supreme Court decided after some wavering that a reference to German law included the Uniform Sales Law and therefore should not be read as an exclusion of the Convention. It held, however, that if the standard form contract contains clauses that were clearly based on the German Civil Code, this might allow an interpretation of the exclusion clause that the parties had the intention to derogate from the Uniform Sales Law. . . ."

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FOOTNOTES

* Dr. jur. ord. Professor Albert-Ludwigs-Universität Freiburg i. Breisgau, Director of the Institute of Foreign and Private International Law, Freiburg. President of the German Association of Comparative Law. The following article is based on a paper read to the Law Faculty of the University of Stockholm on Jan. 25, 1991. I have added footnotes and some remarks, but in general preserved the text of the oral lecture.

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20. See Herber in: v. Caemmerer/Schlechtriem, supra note 7, Art. 6 12; Bonell in: Bianca/Bonell, supra note 18, Art. 6 2.3; J. Honnold, Uniform Law for International Sales under the 1980 United Nations Convention, 1st ed. Deventer 1982, 76; Reinhart, supra note 7, Art. 6 3-5; B. Czerwenka, supra note 15, at 170-171; Enderlein/Maskow/Stargardt, supra note 7, Art. 6 1.2.

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Pace Law School Institute of International Commercial Law - Last updated August 16, 1999
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