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Software technology in CISG contracts
Journal
Uniform Law Review
ISSN
1124-3694
2050-9065
Date Issued
2019
Author(s)
Type
Resource Types::text::journal::journal article
Abstract
<jats:title>Abstract</jats:title>
<jats:p>Software technology has changed the way businesses operate and the items traded globally. These advances demand a fast and adequate evolution of the law. This paper supports the view that the CISG is equipped with the rules needed to address recent changes in software technology; it demonstrates how the general legal principles, upon which the CISG is based, may serve to achieve a proper interpretation and supplementation of this uniform sales law. The author submits, for instance, that a dynamic notion of goods, which includes software, can be revealed by considering the parties’ main obligations under the Convention. In addition, he advocates for a modern understanding of CISG terms in order to apply the rules on contract formation to new realities. Finally, he highlights some performance issues that may arise in the sale of software, including specific methods of examination, and of giving notice of any lack of conformity.</jats:p>
<jats:p>Software technology has changed the way businesses operate and the items traded globally. These advances demand a fast and adequate evolution of the law. This paper supports the view that the CISG is equipped with the rules needed to address recent changes in software technology; it demonstrates how the general legal principles, upon which the CISG is based, may serve to achieve a proper interpretation and supplementation of this uniform sales law. The author submits, for instance, that a dynamic notion of goods, which includes software, can be revealed by considering the parties’ main obligations under the Convention. In addition, he advocates for a modern understanding of CISG terms in order to apply the rules on contract formation to new realities. Finally, he highlights some performance issues that may arise in the sale of software, including specific methods of examination, and of giving notice of any lack of conformity.</jats:p>