Agreed sums in CISG contracts
Abstract
This paper addresses penalty and liquidated damages clauses in contracts governed by the CISG. The Convention does not expressly deal with such clauses. The practical problems arising from this fact stem from the traditional differences in domestic legal systems. Contrary to Civil Law, penalty clauses are unenforceable in Common Law. As the CISG for questions of validity refers to the applicable domestic law, this causes divergent and unpredictable results. Based on comparative research a uniform treatment of such clauses can be found which is that where the CISG applies clauses are not unenforceable because they deter breach of contract.
Keywords:
validity / penalty / liquidated damages / Comparative Law / CISGSource:
Anali Pravnog fakulteta u Beogradu, 2011, 59, 3, 140-149Institution/Community
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Hachem, Pascal PY - 2011 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1525 AB - This paper addresses penalty and liquidated damages clauses in contracts governed by the CISG. The Convention does not expressly deal with such clauses. The practical problems arising from this fact stem from the traditional differences in domestic legal systems. Contrary to Civil Law, penalty clauses are unenforceable in Common Law. As the CISG for questions of validity refers to the applicable domestic law, this causes divergent and unpredictable results. Based on comparative research a uniform treatment of such clauses can be found which is that where the CISG applies clauses are not unenforceable because they deter breach of contract. T2 - Anali Pravnog fakulteta u Beogradu T1 - Agreed sums in CISG contracts EP - 149 IS - 3 SP - 140 VL - 59 UR - conv_3090 ER -
@article{
author = "Hachem, Pascal",
year = "2011",
abstract = "This paper addresses penalty and liquidated damages clauses in contracts governed by the CISG. The Convention does not expressly deal with such clauses. The practical problems arising from this fact stem from the traditional differences in domestic legal systems. Contrary to Civil Law, penalty clauses are unenforceable in Common Law. As the CISG for questions of validity refers to the applicable domestic law, this causes divergent and unpredictable results. Based on comparative research a uniform treatment of such clauses can be found which is that where the CISG applies clauses are not unenforceable because they deter breach of contract.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Agreed sums in CISG contracts",
pages = "149-140",
number = "3",
volume = "59",
url = "conv_3090"
}
Hachem, P.. (2011). Agreed sums in CISG contracts. in Anali Pravnog fakulteta u Beogradu, 59(3), 140-149. conv_3090
Hachem P. Agreed sums in CISG contracts. in Anali Pravnog fakulteta u Beogradu. 2011;59(3):140-149. conv_3090 .
Hachem, Pascal, "Agreed sums in CISG contracts" in Anali Pravnog fakulteta u Beogradu, 59, no. 3 (2011):140-149, conv_3090 .