THE BURDEN OF PROOF FOR THE NON-CONFORMITY OF GOODS UNDER ART. 35 CISG
THE BURDEN OF PROOF FOR THE NON-CONFORMITY OF GOODS UNDER ART. 35 CISG

Summary/Abstract: The article deals with the controversial question of which parties bears the burden to proof the non-conformity of the goods at the time the risk passes. It analyses the various approaches adopted practice and the CISG literature and advocates a graded approach balancing the allocation of the burden of proof with evidentiary privileges at the preceding evidentiary stage.

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