Digitalni repozitorijum
Univerziteta u Beogradu
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Contracts for the international sale of goods : a comparative review of the solutions of the UN convention on the international sale of goods and the Serbian law of obligations
Perović Vujačić, Jelena S.
Abstract: The Vienna Convention (CISG) began its life forty years ago. Created to address a need for a uniform law of international sale, this Convention stands today as a beacon for the pro- cess of unification of contract law, a role model of numerous national laws and international documents and a pillar of development of common legal culture. The international significan- ce of the CISG and its long presence in Serbia’s positive law provided a basis and inspiration for a general scientific overview of the solutions offered by this international document, and their comparison with the relevant rules of the Serbian Law of Obligations. Guided by this idea, the author chose to devote this paper to an analysis of those rules of the CISG that seem most important in terms of comparison with the corresponding rules adopted in the Law of Obliga- tions. Specifically, these are the solutions relating to the sphere of application of the Conven- tion, interpretation of the Convention, as well as provisions of the Convention relevant to the remedies for breach of contract. The paper analyses these solutions in the light of numerous different standpoints in legal doctrine and a veritable plethora of relevant court decisions and arbitral awards. In each case, the analysis of the rules of the Convention is accompanied by a comparative review of the relevant solutions of the Law of Obligations.
engleski
2022
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Key words: CISG, Law of Obligations, contract, unification, international sale