The Scope and Sphere of Application of the CISG in the Balkans
Festscrift für Helmut Rüßmann, J. Stamm, eds., Juris GmbH, pp. 887-916, 2013
30 Pages Posted: 5 Mar 2013
Date Written: November 1, 2012
Abstract
The paper analyzes arbitral and court case law in the Balkans (Serbia, Croatia, Greece, FYROM, Bosnia and Herzegovina, Bulgaria, Romania and Montenegro dealing with application of the UN Convention on the Contracts for the International Sale of Goods (the CISG). It analyzes the extent to which the decision making bodies have correctly identified international character of the contracts, relevant nexus with a CISG contracting state, the impact of the choice of law clauses or omission of the choice of law, the treatment of the issues excluded from the CISG and the identification of what constitutes a sale of goods contract within the meaning of the Convention. Particular attention has been devoted to the impact of the dissolution of the former Yugoslavia and certain doubts this has cast on applicability of the CISG on transactions involving parties based in the successor states.
Keywords: sale of goods, Vienna Convention, CISG, Serbia, Croatia, Montenegro, Bosnia and Herzegovina, Greece, FYROM, Bulgaria, Romania, scope of application, choice of law
JEL Classification: K12, K33
Suggested Citation: Suggested Citation