The Handbook on the Application and Interpretation of the United Nations Convention on Contracts for the International Sale of Goods is a good guide for lawyers of companies engaged in international trade relations, an extremely useful documentary for legal practitioners interested in their application status in Romania, especially to the courts, of the Convention and, especially, this manual comes in support of the activity of students and professors from the universities where the discipline of international commercial law is studied. As the paper is entitled, students and teachers have at hand a Handbook containing the key elements of introspection and dynamics of knowledge, respectively the application of the Vienna Convention on contracts for the international sale of goods.
University professor at the University of Bucharest, "Dimitrie Cantemir" Christian University. He founded and coordinates the Center for European Law Studies of the Institute for Legal Research "Acad. Andrei Radulescu ”of the Romanian Academy. Ad hoc judge at the European Court of Human Rights and arbitrator at the International Commercial Arbitration Court attached to the Romanian Chamber of Commerce and Industry. President of the Society of Legal Sciences and of the Romanian Association of European Law and Affairs. Editor-in-Chief of the Romanian Journal of European Law (Wolters Kluwer).
Nicolae D. Ploesteanu
Associate Professor PhD at "Petru Maior" University, Targu Mures and director - Department of Law and Public Administration. He founded and coordinated the Ius Iuventutis law circle, specializing in the field of international treaties. He is a member of ASIL - American Society of International Law and of the Romanian Association of European Law and Affairs - ARDAE.
Hilda Sumalan graduated from the Faculty of Law at Petru Maior University and continued her studies at Queen Mary University in London, specializing in Energy Law. Passionate about international arbitration, she studied with interest the issue of energy investment protection and dispute resolution between investors and the state. He coordinated and elaborated the second and third parts of this volume.
Abbreviations / 10
Foreword / 11
PART I / 17
CONSIDERATIONS / INTRODUCTORY / REGARDING / RECEPTION OF THE UNITED NATIONS CONVENTION ON GOODS CONTRACTS IN ROMANIA. EXPERIENCES AND DIFFICULTIES / 17
Preliminary details / 17
CVIM and jurisdictional courts / 18
Personal scope of CVIM / 19
Typologies in the application of CVIM / 19
The will of the parties. / 21
CVIM is part of Romanian law / 21
Tacit exclusion of CVIM by applying Romanian law. / 22
Exclusion of CVIM and application of Romanian company law / 23
CVIM, legislation, education and teaching / 24
Material scope of CVIM - extension of the Convention and of contracts not for international sale / 25
Interpretation of CVIM - national and international influences / 26
CVIM is applied exclusively, without reference to the provisions of the Romanian ratification law / 26
CVIM is used as an authority argument. / 28
CVIM is used as a comparison element. / 29
Autonomous interpretations, lex specialis / 30
Reservations / Declarations (Art. 92 - 96 CVIM) / 31
Other problems occurred in the application of CVIM / 31
Conformity of goods / 31
Termination of the contract under the conditions of Art. 49 CVIM: / 32
Jurisdictional solutions regarding the payment of the price / 33
CVIM autonomy in administrative litigation / 34
New York Convention on the Prescription of International Sales of Goods and CVIM / 36
PART II. COMMENTARY ON ARTICLES / 38
Convention on the International Sale of Goods / 38
PART III-A / 294
SUMMARY ELEMENTS OF THE CONVENTION / 294
INDEX / 327
Bibliography / 329
The Handbook on the Interpretation and Application of the Vienna Convention on International Sale, as the title implies, is a study on the interpretation and application of this international treaty, intended primarily for students interested in the subject of international trade law. This was elaborated with the contribution of the close university professor doctor Mihai Sandru, of Hilda Sumalan, as well as of mine.
The research was supported by the Ius Iuventutis Circle, its members being united around a common cause, namely the desire to know the field and participate in the international commercial arbitration competition in Vienna: Laurentiu Bucur, Diana Chibulcutean, Patricia-Stefania Crisan, Iulia Diana David , Robert Gilyen, Alex Suciu, Andreea Ruxana Grebla, Andrei Maris, Maria Andreea Moldovan, Raul Miron, Cristina Nicolaescu.
The United Nations Convention on Contracts for the International Sale of Goods is the main regulation on the adoption of uniform rules applicable to contracts for the sale and purchase of international goods. Currently, 84 states have acceded to that convention, including Romania, which acceded in 1991.
The first part of this paper analyzes the acceptance of the United Nations Convention on Contracts for the International Sale of Goods by Romanian Courts in light of recent jurisprudence - arbitral and judicial decisions - both from the personal and material perspective of the Convention.
In the second part of this paper, which is intended to be a manual to facilitate the easy understanding of each article of the convention, various comments have been made. Moreover, both main ideas and questions were extracted for each article, a method that facilitates students' work of assimilating concepts.
The last part of the textbook contains synthesis elements of CVIM, which are very useful for those who are interested in understanding the interpretation and application of the convention, but also for teachers when they are interested in testing students by reference to topics.
I am very pleased to write these lines thinking that I have managed together with newly initiated researchers in the field to develop this paper, which will be useful both to those who focus on the field of international sale of goods, either on university benches or those of the arbitral tribunals or panels. In this way I also express my gratitude for the fruitful collaboration I had especially with Professor Mihai Sandru and Iulia David in the thematic advocacy competitions held at Petru Maior University in Tirgu-Mures, in the spring of recent years.
Dr. Nicolae-Dragos Ploesteanu