Contracts for the international sale of goods with open-price terms: An interplay between arts. 14 and 55 CISG
This paper examines the relationship between Arts. 14 and 55 of the United Nations Convention on Contracts for the International Sale of Goods (CISG). According to Art. 14(1) CISG for the valid offer it is necessary that the price of the goods is at least determinable. On the other hand, Art. 55 CIS...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2018-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651801180F.pdf |
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| _version_ | 1849726806810165248 |
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| author | Fišer-Šobot Sandra |
| author_facet | Fišer-Šobot Sandra |
| author_sort | Fišer-Šobot Sandra |
| collection | DOAJ |
| description | This paper examines the relationship between Arts. 14 and 55 of the United Nations Convention on Contracts for the International Sale of Goods (CISG). According to Art. 14(1) CISG for the valid offer it is necessary that the price of the goods is at least determinable. On the other hand, Art. 55 CISG presuposes that the contract can be valid even if the price is neither determined nor determinable. Linguistic interpretation of those provisions shows contradiction and the controversy stems from demand from Art. 14(1) CISG for sufficiently definite price and open-price rule from Art. 55 CISG. The relationship between those provisions, if any, is widely discussed in theory. The author analyzes possible approaches advocated by scholars and attempts to resolve this contradiction. |
| format | Article |
| id | doaj-art-3919d39736f0421eaded22a82ddee99d |
| institution | DOAJ |
| issn | 0003-2565 2406-2693 |
| language | English |
| publishDate | 2018-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj-art-3919d39736f0421eaded22a82ddee99d2025-08-20T03:10:03ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932018-01-0166118019810.5937/AnaliPFB1801180F0003-25651801180FContracts for the international sale of goods with open-price terms: An interplay between arts. 14 and 55 CISGFišer-Šobot Sandra0https://orcid.org/0000-0001-9591-0637Pravni fakultet Univerziteta u Novom Sadu, SerbiaThis paper examines the relationship between Arts. 14 and 55 of the United Nations Convention on Contracts for the International Sale of Goods (CISG). According to Art. 14(1) CISG for the valid offer it is necessary that the price of the goods is at least determinable. On the other hand, Art. 55 CISG presuposes that the contract can be valid even if the price is neither determined nor determinable. Linguistic interpretation of those provisions shows contradiction and the controversy stems from demand from Art. 14(1) CISG for sufficiently definite price and open-price rule from Art. 55 CISG. The relationship between those provisions, if any, is widely discussed in theory. The author analyzes possible approaches advocated by scholars and attempts to resolve this contradiction.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651801180F.pdfinternational sale of goodsofferpriceopen-price contracts |
| spellingShingle | Fišer-Šobot Sandra Contracts for the international sale of goods with open-price terms: An interplay between arts. 14 and 55 CISG Anali Pravnog Fakulteta u Beogradu international sale of goods offer price open-price contracts |
| title | Contracts for the international sale of goods with open-price terms: An interplay between arts. 14 and 55 CISG |
| title_full | Contracts for the international sale of goods with open-price terms: An interplay between arts. 14 and 55 CISG |
| title_fullStr | Contracts for the international sale of goods with open-price terms: An interplay between arts. 14 and 55 CISG |
| title_full_unstemmed | Contracts for the international sale of goods with open-price terms: An interplay between arts. 14 and 55 CISG |
| title_short | Contracts for the international sale of goods with open-price terms: An interplay between arts. 14 and 55 CISG |
| title_sort | contracts for the international sale of goods with open price terms an interplay between arts 14 and 55 cisg |
| topic | international sale of goods offer price open-price contracts |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651801180F.pdf |
| work_keys_str_mv | AT fisersobotsandra contractsfortheinternationalsaleofgoodswithopenpricetermsaninterplaybetweenarts14and55cisg |