Title Page
ABSTRACT
Contents
LIST OF ABBREVIATIONS 12
CHAPTER 1: INTRODUCTION 14
1.1. The notion of conformity of the goods on contracts 14
1.1.1. The goods meet the requirements of the contract 17
1.1.2. The goods have to fit for ordinary purposes for which goods of the same description are ordinarily used 21
1.1.3. The goods have to fit for a particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract 24
1.1.4. The goods possess the qualities of a sample or model 27
1.1.5. The goods are contained, packaged and preserved appropriately 29
1.2. Assessment of the conformity of the goods on contracts 31
CHAPTER 2: NON-CONFORMITY OF GOODS ON CONTRACTS FOR THE INTERNATIONAL SALES OF GOODS UNDER CISG 1980 33
2.1. Classification of non-conformity 33
2.2. The measure of non-conformity 34
2.2.1. The subjective measure of non-conformity 34
2.2.2. The objective measure of non-conformity 36
2.3. Time of non-conformity 41
2.4. The liability of the sellers in case of the delivery of goods is non-conformity agreed upon the contract 46
2.4.1. The scope of liability of the seller 47
2.4.2. Sanctions apply in case of the goods are non-conformity 53
2.4.3. The right of sellers to remedy the non-conformity of goods deliverd before the delivery date 55
2.5. Rights and duties of buyers upon taking over the goods 58
2.5.1. The quantity and quality of goods's inspection 58
2.5.2. Claim in case of the non-conformity of goods 61
CHAPTER 3: LEGAL EFFECT OF NON-CONFORMITY OF GOODS FOR SALES CONTRACTS OF GOODS UNDER CISG 1980 63
3.1. Legal impacts of non-conformity of goods 63
3.1.1. Buyer's remedies in cases of non-conformity 63
3.1.2. Seller's right to cure the non-conformity 65
3.2. Legal effects of the buyers' failure to respect his duty 67
3.2.1. General Rule: Buyer's loss of all remedies 68
3.2.2. Exception 1: "Bad Faith" of the Seller 70
3.2.3. Exception 2: Buyer's mistake relating give notice to the seller due to a reasonable excuse 75
3.2.4. Exception 3: The waiver of the seller on his right to excuse that the notice was not timely 80
CHAPTER 4: THE SOLUTION TO LIMIT THE CONSEQUENCES OF THE NON-CONFORMITY OF GOODS ON CONTRACTS UNDER CISG 1980 FOR THE INTERNATIONAL SALE OF GOODS 81
4.1. The practice of disputes over the non-conformity of goods on contracts 81
4.2. The solution related to the preparing the terms of the specification definition of the commodity in the contract 84
4.3. The solution related to performing the duty of examination after received the goods from the seller 91
4.4. The solution related to the giving notice of the non-conformity of the commodity 94
4.5. The solution related to the burden of proving the non - conformity of the contractual goods 99
4.6. The solution related to practices, commercial usages and rules of private international law application on the International Sale of Goods 104
CHAPTER 4: CONCLUSION 107
REFERENCES 115
A. Legal Document 115
B. BOOKS AND ARTICLES 115
C. CASES AND WEBSITES 118