Volume 23, Issue 83 (Fall 2018 2018)                   __Judicial Law Views __2012__, 23(__59__): __22454 | Back to browse issues page

XML Persian Abstract Print


Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:

ansari A. Price Determination in CISG. دیدگاه‌های حقوقی. 2018; 23 (83) :27-54
URL: http://jlviews.ujsas.ac.ir/article-1-952-en.html
ferdowsi University of Mashhad , aansari@um.ac.ir
Abstract:   (2426 Views)
The determination of price is one of the most important conditions in concluding the sale contract. Nevertheless nowadays for many different reasons such as price fluctuations and non-ability to specify all the conditions by the parties in advance, the traders prefer the contractual flexibility, especially open price in sale contracts. Although the lawyers over the world consider some advantages for non-determining the price in time of conclusion of the contract, the lawmakers haven’t adopted the same approach about this issue. In this respect, due consideration shall be given to CISG’s view about open price, because it seems there is a contradiction between Arts. 14 and 55 of CISG about price determination. This essay relying on the analysis of the text of CISG and corresponding case law shows that Arts 14 and 55 are consistent with each other and that under CISG fixation relying on party autonomy it is possible to conclude an agreement without a fixed and definite price or without a mechanism for the price
Full-Text [PDF 497 kb]   (1087 Downloads)    
Type of Study: Research | Subject: Pivate Law
Received: 2017/02/05 | Revised: 2019/07/04 | Accepted: 2018/12/10 | Published: 2019/03/19 | ePublished: 2019/03/19

Send email to the article author


Rights and permissions
Creative Commons License This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

© 2022 CC BY-NC 4.0 | Judicial Law Views Quarterly

Designed & Developed by : Yektaweb