- Published: September 12, 2022
- Updated: September 12, 2022
- University / College: University of Waterloo
- Language: English
- Downloads: 1
Thispaper has mainly concentrated and focused on what remedies available under theconvention of international of Sale of Goods (CISG). In short under thisconvention there are so many remedies available for aggrieved parts who seekremedies when the other party either intentionally or negligently breaches fundamentalobligation of the contract. This question may happen to your mind that what is thisCISG? This is Vienna convention; it is treaty between so many states that agreedthemselves to form and to follow uniform international sales law1Perhaps, this convention took place since 1880 and until now it has ratified by89 states that they had seen that this is proportion and practicable for worldtrade laws2 Accordingto world business man believing that this convention is one of successfulconvention for international uniform law in the world especially on the issuesconcerning international business. Unfortunately my country Tanzania is not aparty of this convention of international Sale of Goods (CISG) but I think weare on the way to be among the contracting party list of this convention. Thisconvention is very important and very successful hence it allow the parties toavoid choice of law issues because this convention accepted substantive rule ofthe contracting parties, accept courts and even arbitration unless otherwise excludedby the express terms and condition of the contract3this means that the domestic law may be applicable in transaction of goodsbetween parties from different contracting states. TheVienna convention as unified sales law in the world even thought there areothers convention related to sale of goods where by states contracted eachother and obey on them but this convention is quite different, it success tohelps contracting nations being together by obeying rule and procedure of(CISG) regardless of their different legal system. Nevertheless the drafter ofthis convention tried the best to make the convention freely from anyinterference to government, agency, institution, remedies, and concept or toany other particular legal system or doctrine.
Due to that situation it ledcompromise to various approach tradition and doctrine. I insist that the wholeworld now know that this convention has influenced the development ofinternational trade with preservation of and ensuring the protection of trader interestright during the breaching of their contract. 1 JosephLookofsky, ‘ Loose Ends and Contorts in International Sales: Problems in theHarmonization of Private Law Rules'(1991) 39 American Journal of Comparative Law 403. 2 BrunoZeller, CISG and the Unification of International Trade Law (1st ed, 2007) 94. 3 SeeInternational Commercial Terms (Incoterms) in External Links.