CISG has too many incosisten provision Essay Example | Topics and Well Written Essays - 1500 words

CISG has too many incosisten provision - Essay ExampleUnited Nations Convention on Contracts for the International Sale of Goods (CISG) Susan J. Martin-Davidson, a prof of Law at Southwestern Law School in Los Angeles, has commented that the place of phone line is non defined in the Convention which is the foremost important consideration in examining whether or not CISG would apply (Martin-Davidson, 2008-2009, 1). It was said that commentators have proposed that the place of business would refer to a permanent and regular place for the transacting of general business (Honnold, 1989). However, Martin-Davidson says that it is still unclear if such a term would include the location of a distributor, or other agent, who participates in the negotiation and performance of the contract (Martin-Davidson, 2008-2009, 1). flush the final draft of CISG, the delegates were unable to address as to the issue if place of business would apply to local agents working on behalf of foreign oral se xs (Martin-Davidson, 2008-2009, 1). Martin-Davidson also comments that matters relating to substance are not addressed by the Convention and does not also illustrate what activities of an agent would be adequate to establish that the agents place of business is that of the principal (Martin-Davidson, 2008-2009, 1). ... e closest relationship to the contract and its performance (Martin-Davidson, 2008-2009, 1), which place is so provided under Article 10 of the CISG and which basically determines the location of parties under Article 1 of the CISG (Bailey, 1999, 300). In Micro Data Base Systems, Inc. v. Dharma Systems, 148 F.3d 649, 653 (7th Cir. 1998), it explained that it is not clear whether a relationship linked to the formation of a contract is more or slight important that a relationship linked to its performance. Such provision is even more complex with the proviso that instructs to have a regard to the circumstances know to or contemplated by the parties at any time before o r at the conclusion of the contract (CISG Article 10(a)). No suggestion however is offered as to kind of circumstance referred to in such provision (Martin-Davidson, 2008-2009, 1). The sale of goods under the CISG is also said not to have been defined under the Convention (Martin-Davidson, 2008-2009, 1). Although there have been scholarly commentary explaining that goods are basically only moveable, tangible objects, (Schlechtriem, 2005, 28), there were some reported decisions wherein the court had to decide the meaning of such a term (Landgericht, 2001, 1 & Oberlandesgericht, 1991, 1).This is especially relevant to the application of CISG on the information stored in and read by computers which include both the information stored on a disk or in a computer considered to be intangible property and not as goods (CISG, Article 2(f)), and the so-called licensed use of information, which does not satisfy the sellers obligation to transfer the property in the goods under Article 30 of C ISG (Martin-Davidson, 2008-2009). Such concern however, was