Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-fv566 Total loading time: 0 Render date: 2024-07-17T10:29:08.210Z Has data issue: false hasContentIssue false

Art. 14 CISG–UP, by Jorge Oviedo Alban [Colombia]

Published online by Cambridge University Press:  20 October 2009

Jorge Oviedo Albán
Affiliation:
Lawyer (J.D.), Javeriana University (Bogotá D.C. – Colombia)
John Felemegas
Affiliation:
University of Technology, Sydney
Get access

Summary

INTRODUCTION

In Part II of the CISG, entitled “Formation of the Contract,” the Convention provides the rules on contract formation, making reference to the model of offer and acceptance, provided in CISG Arts. 14 to 24. In the UNIDROIT Principles of International Commercial Contracts, the counterpart provisions on formation, also adopting the model of offer and acceptance, are located in Chapter 2, Arts. 2.1. to 2.22.

In both instruments the offer is defined and the relevant requirements are listed. In the Convention, the definition of and the requirements of an offer are contemplated in Art. 14. In the UNIDROIT Principles, it is Art. 2.2 that provides the definition of an offer.

DEFINITION OF OFFER

Article 14(1) of the CISG commences:

“A proposal for concluding a contract […] constitutes an offer […]”

Similarly, Article 2.2 of the UNIDROIT Principles provides a definition of offer, commencing:

“A proposal for concluding a contract constitutes an offer […]”

The concept of “offer” is the same in the two instruments, in the sense that both instruments conceive it as the invitation by one of the parties to conclude a contract; this invitation is accompanied by other requirements to which I refer in this comparative analysis.

The following difference between the counterpart provisions must, however, be noted: the regime of contract formation under the UNIDROIT Principles can be applicable to any type of commercial contract, whereas the Convention's regime is, in principle, limited to the formation of contracts of the international sale of goods (i.e., only contracts to which the Convention is directly applicable).

Type
Chapter

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Art. 14 CISG–UP, by Jorge Oviedo Alban [Colombia]
  • Edited by John Felemegas, University of Technology, Sydney
  • Book: An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
  • Online publication: 20 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511417.010
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Art. 14 CISG–UP, by Jorge Oviedo Alban [Colombia]
  • Edited by John Felemegas, University of Technology, Sydney
  • Book: An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
  • Online publication: 20 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511417.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Art. 14 CISG–UP, by Jorge Oviedo Alban [Colombia]
  • Edited by John Felemegas, University of Technology, Sydney
  • Book: An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
  • Online publication: 20 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511417.010
Available formats
×