CEU Electronic Theses and Dissertations, 2009
| Author | Esenkulova, Begaiym Bekturovna |
|---|---|
| Title | Formation of Contract for the International Sale of Goods - Comparative Study of the CISG and Legislation of the Kyrgyz Republic |
| Summary | The thesis focuses upon a comparative study of the formation of contracts for the international sale of goods under the United Nations Convention on Contracts for the International Sale of Goods (CISG) and Kyrgyz legislation. Its purpose is to analyze the legal regulation of the formation of international sale of goods contracts in accordance with the CISG and Kyrgyz legislation, identify its problematic aspects and advance proposals on their solution. The research employs the comparative law method. It is based on the content analysis of the CISG, legislative acts of the Kyrgyz Republic, leading court decisions, arbitral awards and doctrinal works of prominent experts on the issue of the formation of contracts for the international sale of goods. The results of the research demonstrate that although the rules of the CISG and Kyrgyz legislation regulating the contract offer, acceptance and form are generally analogous, there are a number of major discrepancies between the two acts concerning issues related to the sufficient definiteness of an offer, qualified acceptance and the form of contracts for the international sale of goods. Consequently, the study advances concrete proposals on the harmonization of the relevant provisions of the Kyrgyz legislation with those of the CISG. The principal among such recommendations are the proposals on the Kyrgyz Republic’s declarations on the inapplicability of a set of conflicting parts of the CISG to parties, whose places of business are in the Kyrgyz Republic and on introducing amendments to the national legislation of Kyrgyzstan. |
| Supervisor | Messmann, Stefan |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2009/esenkulova_begaiym.pdf |
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