Software technology in CISG contracts

Munoz, Edgardo

doi:10.1093/ulr/unz016

Software technology in CISG contracts

Journal

Uniform Law Review

ISSN

1124-3694

2050-9065

Publisher

Oxford University Press (United Kingdom)

Date Issued

2019

Author(s)

Munoz, Edgardo

Facultad de Derecho - CampGDL

Type

text::journal::journal article

DOI

10.1093/ulr/unz016

URL

https://scripta.up.edu.mx/handle/20.500.12552/2668

Abstract

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.

License

Acceso Restringido.

URL License

https://creativecommons.org/licenses/by/4.0/

How to cite

Edgardo Muñoz, Software technology in CISG contracts, Uniform Law Review, Volume 24, Issue 2, June 2019, Pages 281–301, https://doi.org/10.1093/ulr/unz016