Is software governed by CISG?

Licence agreements are not governed by the CISG. In conclusion, the determination of whether a transaction is a sale or a licence will depend on the intention of the parties to transfer the property of the software.

What types of contracts does the CISG apply to?

CISG was adopted by the United States in 1988, and as of 2006, has been adopted by 70 countries. It applies to all contracts for the international sale of goods between parties with their relevant places of business in different countries, or “Contracting States”.

What contracts does CISG cover?

The CISG governs only contracts for the international sale of goods between parties whose places of business are in countries that have ratified or adopted the treaty (known as contracting states). Specifically, the CISG only applies if the sale: ∎ Is “international” (see International Sale).

What transactions apply to the CISG?

(Note: the CISG only applies to transactions between businesses, not consumer transactions or sales of services). Although the CISG does not apply to the sale of an aircraft, it may apply to parts, components or other goods that are not installed on an aircraft but are otherwise being sold with the aircraft.

Which transactions are excluded from CISG?

Transactions that involve goods but that are not sales – e.g., leases of goods, use of goods purely as collateral for financial credit – are not covered. 2. The contract of sale must be international, defined as between parties located in different States. Purely domestic transactions are outside the scope of the CISG.

What does the CISG not cover?

The CISG does not apply to contracts to provide services alone. Generally, it does not apply to sales of goods bought for personal, family or household use. For example, ordinarily, it would not apply to the sale of a camera or clothing to a foreign tourist.

What does the CISG not apply to?

When can CISG be excluded?

Of course, Article 6 permits the parties to a contract otherwise subject to the CISG to exclude its application. The case law on the mechanism for exclusion, however, suggests that the parties must be quite deliberate and explicit in their efforts to derogate from the terms of the Convention.

What is CISG and when does it apply?

Moreover, under its article 1(1)(b), the CISG applies to contracts for the international sale of goods when the rules of private international law indicate the law of a CISG contracting State as the law applicable to the contract for international sale of goods.

What is not covered by CISG?

Contracts to which the CISG does not apply the sale of shares; stocks and investment securities; the sale of ships, vessels or aircrafts; and. contracts for the sale of electricity.

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