Chapter 4. Article 7 CISG. The tool to unified sales laws?
| Pages | 39-53 |
| Author | Bruno Zeller |
Chapter4
Article7CISG
Thetooltounifiedsaleslaws?
A. Tensions between international legal order and
various domestic systems
Some general points need to be made at the outset. If domestic laws of
obligation are consulted, it becomes obvious that many of them have
existed for decades, even for centuries.88 Now, to change domestic law only
requires an act of parliament. International laws, on the other hand, are
much harder to change. It requires a diplomatic conference to convene and
approve of the changes. The real challenge is whether all states will accede
to the amended convention or not and whether they see it only as a way out
of an international obligation. Amendment of the CISG is not perceived to
be necessary anyway. Honnold notes succinctly that the CISG
. . . must be read and applied in a manner that permits it to grow and adapt
to novel circumstances and changing times.89
One of the important tools for responding to changing circumstances is
the fact that the language of the CISG is devoid of domestic connotations
and describes contractual events in simple plain language. Rabel noted
already in 1952 that one of the gains of an international sales law is to avoid
‘the awesome relics of the dead past that populate in amazing multitude the
older codifications of sales laws’.90 Honnold has pointed out that today,
outdated formulae still complicate domestic sales law.91 He went on to
argue:
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