Konwencja o umowach międzynarodowych sprzedaży towarów - uwagi krytyczne
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Date
1991
Authors
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Journal Title
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
New law on contract for the international sale of goods - critical remarks
Abstract
The Author discusses selected aspects of the United Nations Convention on Contracts for the
International Sale of Goods of 1980. It came into force on 1 Jan. 1988, and has already been
ratified by 30 states. Poland is not party to that Convention, yet taking into account the provisions
of the Polish private international law it is highly probable that the provisions of the Convention
will be "the proper law" for many sale contracts concluded by Polish companies with foreign
partners.
The Convention is considered by many international commercial law experts to be a carefully
drafted and relatively modern legal act. However, the Author focuses his attention on some
selected compromise solutions which may constitute a real danger for consistency of interpretation,
and thus may be subject to criticism. In particular, the Author points to a scope of
application of the Convention, to an excessively wide notion of the principle of the autonomy of
the will, and to the reduction of the position of the bona fide principle to the role of the rule of
interpretation. In the Author's opinion a weak point of the Convention is its silence on
controversies debated in contemporary legal literature, such as the conclusion of contract by
negotiations or the role of commercial letters of confirmation. However, despite his criticism, the
Author concludes that Poland should ratify the Convention without delay.
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Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny, 53, 1991, z. 4, s. 99-110