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Report to the Uniform Law Conference of Canada on Convention on Contracts for the International Sale of Goods

Professor Jacob S. Ziegel, University of Toronto
July 1981

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Article 13

For the purposes of this Convention "writing" includes telegram and telex.

COMMENT

Art. 13 was added at Vienna to ensure that "writing" was interpreted liberally conformably to modern means of communication. The definition in Art. 13 is not exhaustive and it is not clear whether the definition encompasses any "mechanical, electronic or other form of recording of information" (the definition adopted in s. 1.1(1).27 of the OLRC draft Revised Sale of Goods Act), or whether it requires some form of paper imprinted record. "Writing" is referred to or required inter alia in Arts. 29 and 97(2). Query whether the definition also applies to determine whether writing requirements under Art. 12 and 96 have been met where the domestic law of the declarant state has a narrower definition of writing. The answer presumeably is no since the purpose of Art. 12 is to enable a state to retain its own writing requirements for international contracts.

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Pace Law School Institute of International Commercial Law - Last updated April 1, 1999
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