The concept of Article 35 of the CISG is the conformity of the goods with the contract, which describes the criteria for determining whether the goods delivered by the seller meet the requirements of the contract. in terms of quality, quantity and packaging. Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”?Get the original essayArticle 35 of the CISG states that the seller is obliged to deliver the goods as mentioned in the contract. delivery of non-compliant goods known as “defective delivery” and the buyer is not required to take delivery of the goods. These criteria define the seller's obligations in relation to these important aspects of contract performance. The integrated notion of compatibility defined in Article 35 rejects the notions of "guarantee" contained in certain national laws and, according to the CISG, the delivery of different types of goods which are contrary to the contract, is considered a delivery not compatible with the goods. It is also stated that the CISG offers a one-stop solution in case of non-conformity of products and thus violates not only domestic contract law, but also national laws that base the contract on an error regarding the quality of the goods. , the seller's failure to deliver the goods in accordance with the requirements of Article 35 constitutes a breach of the seller's undertaking, even if it is alleged that the failure of the goods to comply with the contract does not constitute a breach , that the goods are compatible with their value and are suitable tools for adaptation to the goods. The issuance of false documents relating to the origin of the goods constituted a violation of Article 35. It was stated: "Although the seller is obliged to supply a product conforming to the quantity, quality and specifications of the contract in accordance with According to commercial practices, the difference in the amount and terms of the contract cannot be considered as unauthorized goods under Article 35 of the CISG. If the defects reach a certain level of seriousness, breaches of the Seller's obligations under Article 35 may, in appropriate circumstances, increase to the level of a material breach of contract, as defined in Article 25 of the Convention, thereby preventing the buyer from contracting under Article 49 (1). This research paper primarily addresses the question of whether Article 35(2)(a) CISG applies if public law restricts the sale of the goods in the buyer's country. In order to answer the question, the first chapter will give the understanding of Article 35(1) of the CISG on the seller's obligation of conformity of the contract in terms of description, quality, quantity and packaging, the second chapter will indicate the Article 35(2) (a,b,c,d,) of the CISG which focuses on the non-conformity of the goods between the parties, distrust of the seller, quality and method of packaging . The third chapter of goods will focus on article 35(3) CISG which will explain the conditions of non-liability of the seller in the event of non-compliant delivery. The fourth chapter presents a case study and court decisions under Article 35(2)(a). The concluding chapter provides a brief overview of the case study and answers the initial research question. Article 35 (1) of the CISG expresses the rules of conformity that the seller must supply the goods in accordance with the specifications of the contract in terms of description, quality, quantity. , and packaging. It was also found that the transport of goods contained less than the quantity specified in the contract violated Article 35 (1) ofthe CISG, since this law explicitly states that the lack of “conformity” includes the lack of quality of the delivered goods and the lack of However, in terms of quantity, minor deliveries do not constitute a violation of Article 35 (1) CISG in which the contract was authorized and the buyer accepted them without complaint. However, compliance obligations are not limited to what the contract reports directly. The seller must also comply with certain contractual requirements. (Law 2) The stated requirements may arise, for example, from practices created between the parties to the contract or from commercial use and are widely known in the commercial sector. Even if the contract is breached, the seller has a duty to meet these implied requirements to meet compliance obligations. Mandatory implied compliance obligations of the seller must be clear when representations are made during initial negotiations between the parties. Under Article 35(1) CISG, compliance obligations arise only from what is provided for in the contract. Anything that remains outside the contract, that is to say that has not been agreed between the parties, has no legal aspect. (conformity of the goods) To define the subject of Article 35 (1) CISG, if there is a specific requirement of quality, quantity or description or requires a specific method of packaging, reference must be made to the regulation general for fixing the content of the parties' agreement. (Law 2) Under Article 35 (1) CISG, the seller's liability arises in the event of failure to deliver the goods with regard to the following four criteria: quantity, quality, description and packaging. The delivery of goods whose quantity is less than that agreed. in the contract constitutes a violation of the conformity of obligations. The application of the general rule becomes obligatory for the seller and the seller is obliged to deliver the exact quantity of goods based on the contractual agreement. Any difference in the number of goods delivered by the seller allows the buyer to use non-compliant delivery solutions. The contract quantity under Article 35 (1) CISG defines neither less nor more than the contract quantity of the goods. , in both cases, a violation falls under compliance obligations. However, certain rights are reserved for the buyer. If the delivery is less than what was agreed in the contract, in this case article 51 CISG is applied. Under this article, the buyer has the right to set an additional deadline for the delivery of missing parts and to accept the non-conforming delivery at a lower price. The buyer can also declare the contract partially canceled due to the missing part or cancel the entire contract. , if the missing party violates the fundamental parts of the contract. In all cases, the seller is responsible for the damage. If the quantity delivered is greater than that stipulated in the contract, then article 52 CISG applies and in this case the buyer has the right to accept the excess quantity of the goods. or refuse. If the buyer accepts the excess delivery of the goods, then he must pay the excess quantity at the contract rate. If the buyer is unable to refuse the additional goods, then he could terminate the entire contract (conformity of the goods). The seller must deliver the goods of the quality stipulated in the contract. Any difference in quality between the delivered goods is considered a lack of conformity regardless of the consequences on the usability or value of the goods. Physical conditions are not the only attributes to evaluate. Pay attention to other conditionslegal between the parties. Given the primary role played by party independence, there are no limits to these conditions, as parties can get along without any non-physical attributes. Indeed, the contract can be concluded from a specific location in order to produce a product with a particular ethical nature or to respect certain production standards in the production process. Article 35 (1) CISG does not diverge between better quality deliveries. or of inferior quality to that agreed in the contract and there is no specific limitation on the remedies available to the buyer where the goods are of non-conforming quality. (conformity of goods)The third position referred to in Article 35 (1) CISG concerns the delivery of goods which do not conform to the description of the contract. As with quality defect, these requirements cover a wide range of events, in the sense that the notion of description is broadly defined as “the usual way in which parties determine the content of their obligations”. When drawing up the contract, there is no limit to how the goods are described. Indeed, the parties can decide to express the goods through contractual provisions or, conversely, implicitly by referring to an external document which shows the goods and their quality. Compliance obligations are met when the seller delivers the goods as described in the contract. The delivery of goods completely different from what was agreed does not constitute a delivery of non-compliant goods but constitutes a failure to deliver the goods. (conformity of goods) Packaging is an important issue as it directly affects the quality, usability and marketability of the goods under contract. Given the importance of correct packaging, Article 35 of the CISG raises this issue on both declarations of conformity and regulations. The seller must always follow a specific set of rules when packing the goods. (conformity of goods) 3. Article 35 (2) CISGArticle 35 (2) CISG defines standards relating to the quality, performance and packaging of products, although not mandatory, they are intended to form part of the contract of sale. In other words, these standards are the conditions that the seller attaches to them, even without his positive agreement. If the parties do not wish to apply these standards to their contract, they could agree otherwise. The parties will be bound under Article 35(2) CISG if they use these standards to subcontract. In the event that the parties agree to exclude the seller's obligations under Article 35 (2) CISG, then this is governed by the rules of interpretation of the Convention. It was found that an agreement on the general quality of the goods does not deviate from Article 35(2) if the agreement contains only positive conditions for the quality of the goods and no negative conditions releasing the seller of its obligations. However, other decisions indicate that an express agreement in Article 35(1) on the quality of goods excludes the inherent quality obligations imposed under Article 35(2), even if the parties do not declare otherwise the obligations under Article 35(2) are not applicable. Some decisions have applied national law to determine the validity of agreements in order to exclude the seller's obligations under Article 35(2). (law2)Article 35(2) consists of four parts. Two of the subsections (sections 35(2)(a) and 35(2)(d)) apply to all contracts unless the parties have agreed otherwise. The other two paragraphs (articles 35 (2) (b) and 35 (2) (c)) only apply ifsome substantial predicates exist. Article 35(2)(a) of the CISG requires the seller to deliver goods, which must be suitable for the purposes for which goods of the same description would normally and ordinarily be used. This commitment is equivalent to the specific obligations imposed on sellers under domestic law. Article 35(2)(a) allocates risks between buyers and sellers in relation to the performance of goods. The fact that the seller delivers a refrigeration unit which breaks down shortly after first commissioning would constitute a violation of Article 35(2)(a). It would also constitute a violation of Article 35(2)(a) if the seller delivers wine diluted with 9 percent water, leading national authorities to seize and destroy the wine. It was also found to be a violation if the seller replaced another component in a machine without informing the buyer and giving the buyer adequate installation instructions, which would cause the machine to break down after a short period of time. of use and would disappoint the buyer. (law 2) It is clear that the car must be drivable, the food must be edible, the clothes must be wearable, etc. To avoid overly specific contracts and reduce the risk that sellers will take advantage of the benefits of contractual "silence" to deliver substandard goods, the authors of the CISG introduced a standard rule that reflects the parties' agreements, not if only for the negotiated duration. It follows that, even if there is no specification of use, the seller must guarantee that the goods are at least suitable for their normal and ordinary uses. Article 35 (2) (a) of the CISG concerns two legally obligatory conditions, the first condition is the absence of a contradictory contractual clause and the second condition is the absence of a specific objective within the meaning of Article 35( 2)(b) of the CISG. If the seller has been informed of a specific use for which the goods are to be used, he has priority over ordinary uses. (conformity of goods)However, the standard of Article 35(2)(a) only requires that the goods be fit for the purposes for which they are normal and ordinary users. The goods need not be perfect or defect-free unless they are perfect for the fulfillment of their ordinary purpose and use. A court held that heavy oil could be used in the buyer's business, even if there were problems due to the particular type of pumps the buyer was using that the seller was unaware of. The court further held that the seller had no pre-contractual duty to inquire about the buyer's specific objectives. To simplify further, Article 35(2)(a) of the CISG stipulated that the goods required must be of “average” quality, “marketable” quality, or “reasonable” quality. It was also described that the traceability of goods is an aspect of their fitness for normal purposes and use under Article 35(2)(a), that at least food intended for human consumption does not must not be harmful to health, because harmful foods have caused harm to health, it can therefore lead to a violation of Article 35(2)(a). (law2) Article 35 (2) (b) of the CISG stipulates that the goods must be fit for any specific purpose, of which the seller is explicitly or implicitly informed at the time of approval of the contract. this is the same obligation that national law imposes on the seller. The obligation provided for in Article 35(2)(b) arises only if specific purposeswere notified to the seller at the time of conclusion of the contract. There could be a violation of Article 35(2)(b) if the delivered goods do not meet the specific objectives intended by the buyer at the time of approval of the contract. In this case, the seller is considered to have violated Article 35 (2) (b) because once the particular use has been negotiated, the seller is obliged to deliver goods which have the characteristics which make them suitable for a specific use . (law 2) For example, the buyer orders a series of drill bits designed to drill a carbon steel plate, if the seller delivers ordinary drill bits, these would break when drilling the durable carbon steel. The buyer may therefore not be able to use them for their intended purposes. In this case, the seller violates CISG Article 35 (2) (b) and the buyer is protected and CISG Article 35 (2) (b) applies to the seller and is obliged to deliver goods suitable for the specific use, which explicitly or implicitly communicated at the time of conclusion of the contract. (conformity of goods)The requirements of Article 35(2)(b) CISG do not apply, if the circumstances show that the buyer did not reasonably rely on the skill and judgment of the seller and that he was himself an experienced importer of the goods. A court said that the buyer should not expect the seller to have knowledge of the requirements of public law or administrative practices of his country relating to the goods, unless the buyer is required to report such requirements to the seller. (law2)The main difference between CISG Article 35(2)(a) and CISG Article 35(2)(b) is: goods for ordinary use and goods for specific use, which means that if the seller has been informed of a specific purpose for which the goods are to be used, he takes priority over the ordinary purposes. Article 35 (2) (c) of the CISG specifies that, to conform to the contract, the goods must contain the characteristics of the goods which the seller has supplied to the buyer as a model or sample. This provision is also applicable even if the buyer provides a sample or model and the parties agree that the goods must conform to the sample or model. (law 2) Problems will arise if the buyer receives a sample or design but orders the goods without any reference to them. It is always necessary for the buyer to give a reference based on the sample or model provided by the seller. It was also confirmed that goods of a particular sample or model are not required to conform if the parties have not agreed on this point. (goo compliance)Comparable to Article 35 (2) (b) of the CISG, this provision does not arise automatically upon conclusion of the contract, but only comes into force if the seller has provided samples or samples of the contracted goods and that it contravenes article 35 (2) (c), if the goods delivered do not conform to the sample or model provided by the seller. Article 35 (2) (d) of the CISG states that the goods must be contained or packaged in the manner required by the entrepreneur, if there is no such way then it must be packaged in such a manner appropriate to preserve and protect the goods. If the parties have not specified the packaging requirements in their contract, in this case the standard packaging method is considered by the seller's country. The seller would be considered responsible and would violate Article 35 (2) (d) of the CISG, if damages occur. goods delivered to the buyer's jurisdiction caused by inadequate packaging, because the packaging is.