Understanding the Vienna Convention on International Sale of Goods
The International Sale of Goods (Vienna Convention)
This is a very important Convention held in Vienna in 1980, hence its name. It is of great importance due to the fact that its precepts are well-suited to the international arena. Often, countries that have not ratified the Convention seek its implementation.
The Vienna Convention is widely used in its application on the CENUDMI page.
The free CENUDMI established partnerships with several universities around the world through Pace University, dedicated through a system of correspondents to gather all documents that are issued to implement the Vienna Convention. In Spain, the University Partner is the Carlos III de Madrid.
This agreement is not the result of negotiation between states but an objective account specifically designed for international trade, which seeks a balance between all countries.
The convention is not intended as a text that regulates all aspects of the sales contract, because being aware that the purchase is a contract will be conditioned to the generality of all contracts, and this is the responsibility of nation states. Thus, the agreement is silent on such issues as the validity of the contract, use, or ownership of the goods.
The parties may exclude the application of the convention or even negotiate something contrary to the same convention and therefore make the convention only what is useful. This allows the convention to be compatible with international practice. The convention could be limited to accommodate international practice, as this is very long and variable, which the convention is intended to formulate a basic regime of international sales contract, which as a right device whenever necessary to complete the contractual requirements, so waive your application imperative, therefore puts the will of the parties to their own arrangements.
The Vienna Convention was created to regulate international operations, and therefore its provisions cannot be applied from a national conception of a state. We cannot claim damages to project our national convention; we must give some way to them and seek an interpretation and application of the convention which contributes to uniform application throughout the world.
If the parties do not agree on anything applicable law and use, but the parties may agree not to apply the law and usage. If the parties agree on the application of a use, it is not this but a contractual provision. The interpretation of this precept implies reiterating what is stated in Article 7 is that parties can stipulate what they precede, the precepts of the convention, so if the parties agree Incoterms, are putting the convention. The parties are bound by any practices they have established between themselves, establishing in the parties expectations that previous behavior is repeated in subsequent relationships.
The issue involved in a relationship of the parties feel bound by a usage which the parties had agreed for this eventuality is a fiction pact given force of contract and is considered tacitly agreed that they should use to know.
The second part of the convention is dedicated to the formation of the sales contract, a complex process that we sense this in our laws, but that’s not in our civil code. One of the great achievements of the convention is the regulation of this part.
The rules of the agreement are considered so right and appropriate that are useful for the formation of any contract, including nationals, some civil authority, defend our civil code regarding contract formation should have been built on these principles.
The third part, and more specifically relates to the purchase sale and establishing the basic obligations of the parties who are delivering the goods and pay the price. The delivery of goods is the main novelty of the convention along with the passing of risk, because its precepts strongly rely on the distance factor, that distance, raises problems with transportation.