{"title":"统一解释:不合格通知","authors":"F. Mazzotta","doi":"10.5195/jlc.2020.184","DOIUrl":null,"url":null,"abstract":"This Article is about uniform interpretation as it pertains to the nonconformity notices under CISG Article 39.1 Article 39, which is one of the most heavily-litigated provisions of the CISG, provides in relevant part:2 The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.I will focus chiefly on two aspects of Article 39(1): (1) what constitutes a “reasonable time” within which buyers must notify sellers of a “lack of conformity” and (2) what level of specification is required to establish “the nature of the lack of conformity.”","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":"1 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Uniform Interpretation: Notice of Nonconformity\",\"authors\":\"F. Mazzotta\",\"doi\":\"10.5195/jlc.2020.184\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This Article is about uniform interpretation as it pertains to the nonconformity notices under CISG Article 39.1 Article 39, which is one of the most heavily-litigated provisions of the CISG, provides in relevant part:2 The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.I will focus chiefly on two aspects of Article 39(1): (1) what constitutes a “reasonable time” within which buyers must notify sellers of a “lack of conformity” and (2) what level of specification is required to establish “the nature of the lack of conformity.”\",\"PeriodicalId\":35703,\"journal\":{\"name\":\"Journal of Maritime Law and Commerce\",\"volume\":\"1 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-12-17\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Maritime Law and Commerce\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.5195/jlc.2020.184\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Maritime Law and Commerce","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5195/jlc.2020.184","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
This Article is about uniform interpretation as it pertains to the nonconformity notices under CISG Article 39.1 Article 39, which is one of the most heavily-litigated provisions of the CISG, provides in relevant part:2 The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.I will focus chiefly on two aspects of Article 39(1): (1) what constitutes a “reasonable time” within which buyers must notify sellers of a “lack of conformity” and (2) what level of specification is required to establish “the nature of the lack of conformity.”