Selected critical issues regarding the sphere of application of the CISG

Abstract

This contribution offers an analysis of the main rules and principles of the Vienna Sales Convention (CISG) on its application ratione materiae in the light of the criteria set out in Articles 1 and 3 of the Convention. This analysis calls for the examination of applicability of the CISG to contracts for goods to be manufactured and mixed contracts, distribution contracts, barter transactions, financial leasing as well as for the interpretation of notion of goods under the CISG. The analysis brings the author to the conclusion that divergences in interpretation of the CISG rules relevant for its application to certain types of contracts still exist, what may cause many problems in practice. In the perspective of these problems, the author suggests that the contracting parties solve all the questions of the Conventions applicability in their contract, in order to avoid the uncertainties which the application ratione materiae of the CISG usually imply in international commerce.