CEU Electronic Theses and Dissertations, 2020
| Author | Naser Aldin, Yara |
|---|---|
| Title | Suspicion of Non-Conformity Amounts to Non-conformity: CISG and German Speaking Courts |
| Summary | After decades of Article 35 of the United Nations Convention on Contracts for the International Sale of Goods of 1980 (CISG) occupying a vast amount of legal discussions among courts and scholars regulating and interpreting the aspect of “non-conformity of the goods”, it seems essential to widen these discussions for the purposes of exploring a slightly new important aspect of the non-conformity of the goods under Art. 35, namely, the suspicions of non- conformity of the goods delivered. The present thesis aims to provide an overview on the issue of suspicion, mere suspicion of the non-conformity of the goods to the contract under Article 35 and the German speaking courts. The analysis will focus on what constitutes the suspicion of non-conformity of the goods, mainly ‘food’, and whether or not it can actually amount to non- conformity of the goods, after having retracted the two possibilities of establishing suspicions and the relevant case law, I will concentrate on the German speaking courts’ interpretation of this issue. The latter courts took two different approaches, the majority sided with the fact that suspicions of non-conformity indeed constitute non-conformity while the rest believes that suspicions will never amount to non-conformity. The evaluation will proceed focusing on the burden of proof and whether the buyer can actually prove the suspicions of non-conformity or cannot prove it under the CISG. The discussion will then delve into which approach of the German speaking courts is more permissive and convincing. In other words, I will present my own assessment regarding both approaches concluding my analysis with the decision that the suspicion mere suspicion, per se, amounts to non-conformity and a breach of contract under Art 35 CISG. |
| Supervisor | Petsche, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2020/naser-aldin_yara.pdf |
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