Studia Prawa Prywatnego

nr 2/2020

The Direct and Indirect Application of the 1980 United Nations Convention on Contracts for the International Sale of Goods

Małgorzata Pohl-Michałek
Doctor, Faculty of Law and Administration, University of Silesia in Katowice. Nr ORCID: 0000-0002-9027-1781.
Abstrakt

This year, the 1980 United Nations Convention on Contracts for the International Sale of Goods (hereinafter: the CISG or the Convention) celebrates its 40th anniversary. The CISG was signed on 11 April 1980 during an international diplomatic conference that took place at UNCITRAL’s premises in Vienna and was attended by sixty-two countries. The Convention is an international treaty that, by virtue of its Article 91, is subject to ratification, acceptance or approval by the signatory States. In accordance with public international law, once a State adopts and signs (ratifies) the Convention, its provisions become part of that Contracting State’s national (domestic) legal system. Today, taking into consideration the significant number of States that have ratified the Convention (93 States), it all makes the CISG one of the most potentially applicable instrument in international commercial contracts in B2B relations around the world. The Convention does not serve as a fully complete and universal Commercial Code as many issues are not covered by the Convention. This means that when a dispute arises, the adjudicator must often seek an otherwise applicable law by virtue of the relevant rules or private international law. Notwithstanding the above, the CISG is currently one of the most successful international uniform instruments of a binding nature, representing a success of the international unification of private law.