Article: Open-Price Contracts Under the CISG: The Law in Action

Q2 Social Sciences

European Business Law Review Pub Date : 2024-04-01 DOI:10.54648/eulr2024018

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引用次数: 0

Abstract

The CISG is undoubtedly the most successful instrument of international trade law. While in former times the international sale of goods was regulated by domestic laws, today the international community is able to offer a truly international regime for these contracts. However, the CISG is not free from ambiguities and contradictions. One of the most famous is between Articles 14(1) and 55. This interplay has ignited the well-known academic controversy over the validity of sale of goods contracts without an agreed price under the CISG. The purpose of this article is to look at this contradiction from a different point of view. While in theory it is possible to argue that there is a stalemate between the supporters of validity of open-price contracts and their opponents, this stalemate is the law on the book. The law in practice offers a different landscape. It shows that in practice open-price contracts are regarded as valid under the CISG, although the adjudicators still struggle with the correct application of Article 55. Open-price contracts, Article 14, Article 55, agreements to agree, tentative prices, determinable price, contractual validity, market price, reasonable price.

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文章：销售公约》下的开放式价格合同：实践中的法律

销售公约》无疑是最成功的国际贸易法文书。以前，国际货物销售由国内法规范，而如今，国际社会能够为这些合同提供真正的国际制度。然而，《销售公约》并非没有含糊不清和相互矛盾之处。其中最著名的是第 14(1)条和第 55 条之间的矛盾。本文旨在从另一个角度探讨这一矛盾。虽然从理论上讲，支持无固定价格合同有效性的一方和反对者之间可以说是僵持不下，但这种僵持是书本上的法律。实践中的法律则呈现出另一番景象。它表明，在实践中，根据《销售公约》，公开价格合同被认为是有效的，尽管裁决者仍在为正确适用第 55 条而挣扎。公开价格合同、第 14 条、第 55 条、协议、暂定价格、可确定价格、合同有效性、市场价格、合理价格。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

European Business Law Review Social Sciences-Law

CiteScore

1.10

自引率

0.00%

发文量

期刊介绍： The mission of the European Business Law Review is to provide a forum for analysis and discussion of business law, including European Union law and the laws of the Member States and other European countries, as well as legal frameworks and issues in international and comparative contexts. The Review moves freely over the boundaries that divide the law, and covers business law, broadly defined, in public or private law, domestic, European or international law. Our topics of interest include commercial, financial, corporate, private and regulatory laws with a broadly business dimension. The Review offers current, authoritative scholarship on a wide range of issues and developments, featuring contributors providing an international as well as a European perspective. The Review is an invaluable source of current scholarship, information, practical analysis, and expert guidance for all practising lawyers, advisers, and scholars dealing with European business law on a regular basis. The Review has over 25 years established the highest scholarly standards. It distinguishes itself as open-minded, embracing interests that appeal to the scholarly, practitioner and policy-making spheres. It practices strict routines of peer review. The Review imposes no word limit on submissions, subject to the appropriateness of the word length to the subject under discussion.