International Conference on Eurasian Economies
9-11 September 2015 – Kazan, RUSSIA
Paper detail
Paper ID : 1217
Status : Paper published
Language : Turkish
Topic : Law
Presenter: Prof. Dr. Çağlar Özel
Session : 3D Hukuk II
The Liability of Seller for the Conformity of the Goods in Contracts of Sale According to United Nations Convention on Contracts for the International
Milletlerarası Mal Satımına İlişkin Sözleşmeler Hakkında
Birleşmiş Milletler Antlaşması Çerçevesinde Satıcının Kötü
İfadan Doğan Sorumluluğu
- Prof. Dr. Çağlar Özel (Cyprus International University, TR of Northern Cyprus)
- Ph.D. candidate Dila Okyar (Hacettepe University, Türkiye)
Abstract
In practice, breach of contract cases mostly involve controversies over the failure of the seller to deliver conforming goods in accordance with the contract. Article 35 CISG defines the obligation of the seller to deliver conforming goods in a very broad and uniformed manner as it states that, the seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. CISG provides two criteria for the assessment of the non-conformity of goods. One of them is called “subjective” criterion of non-conformity. It goes without saying that the goods delivered shall be in conformity with all specifications agreed upon by the parties whether explicitly or implicitly. The other one is called “objective” criterion. If the agreement of the parties does not involve any specifications at all– like in the case of routine and quick orders of purchase, or if the agreement of the parties is insufficient in this respect, conformity of the goods will be decided according to the objective criterion. In accordance with Article 35 CISG, Article 36 CISG establishes the responsibility of the seller for any lack of conformity which exists at the time when the risk passes to the buyer, even though the lack of conformity becomes apparent only after that time. Regarding this, Article 67 CISG defines the moment at which the risk passes to the buyer and thus, divides the responsibility between the seller and the buyer.
JEL codes: K12, K33, P45
Özel, Çağlar, Okyar, Dila (2015). "The Liability of Seller for the Conformity of the Goods in Contracts of Sale According to United Nations Convention on Contracts for the International" in Proceedings of International Conference of Eurasian Economies 2015, pp.610-614, Kazan, RUSSIA.
DOI: https://doi.org/10.36880/C06.01217
