UN KONVENCIJA O UGOVORIMA O MEĐUNARODNOJ PRODAJI ROBE (CISG) - AKT GLOBALIZACIJE MEĐUNARODNOG POSLOVNOG PRAVA?
Author(s): Miloš Trifković
UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) - THE ACT OF GLOBALISATION OF THE INTERNATIONAL BUSINESS LAW?
Subject(s): Civil Law, International Law, Law on Economics, Commercial Law, Comparative Law
Published by: Sveučilište/Univerzitet "VITEZ"
Keywords: CISG; contract; sale; unification; internationalization; globalization;
Summary/Abstract: United Nations’ Convention on Contracts for the International Sale of Goods was adopted on the Vienna Conference in 1980. Permanent enlargement of membership of the CISG and markets on which it is applied as an optional legal regime, overall juridical importance of the contract for sale of goods and the new quality of legal solutions, imposed the question whether the CISG had outgrowed boundaries of the traditional international law and became an instrument for the globalization not only of the law of sale, but of the entire business law. The research shows following fundamental features of the CISG as an instrument of globalization: transnational character of legal solutions, strong influence on other sources of international business law, openness of the CISG toward other systems regulating sales contracts, application of methods characteristic for globalization of the law and conformity of the CISG to the arbitral settlements of disputes. Thanks to aforementioned features, the CISG was able to satisfy theoretical criteria for successful globalization of the law and to become driving force behind further globalization of regulation of sales contracts, as well as of the whole international business law.
- Issue Year: 2012
- Issue No: 3
- Page Range: 203-232
- Page Count: 30
- Language: Bosnian, Croatian, Serbian