CEU Electronic Theses and Dissertations, 2021
| Author | Bolshakova, Anastasiia |
|---|---|
| Title | The new dimensions of international commercial transactions: the CISG is a "friend" to services |
| Summary | The CISG was created as an instrument to harmonize “private trade law”. While the scope of the Convention was traditionally directed to sales of goods, post-CISG trade relationships have profoundly evolved. Nowadays, international business covers a wide array of items (apart from traditional trade in goods, all trade in services, intellectual property); new types of contracts have emerged which contain complex obligations (such as collaboration agreements, franchising, R&D contracts); multilateral international treaties cover issues of trade, services, intellectual property. Hence, international trade nowadays is not only about the sales of goods but also covers services. These developments raise the problem of the applicability of the CISG to international trade contracts due to the mentioned background. The issue is whether and to what extent the Convention can be applied to other, not “pure” sales of goods, contracts. In such circumstances, it is crucial to establish whether the CISG can still promote harmonization and integration in international private law. To ensure the viability of the CISG to follow its initial aim, the core question of the present thesis is to examine the possibility and ways of applying the CISG to service transactions. Firstly, directions of economy transformation and its effect on international trade law are discussed. Further, it is argued that there are no groundbreaking differences between service and sale contracts. Based on the interpretation and travaux préparatoires of the text of the Convention it describes the initial aim of the CISG and reasons why services were excluded from its scope. This thesis argues that the CISG can and should govern service transactions. In addition to that, the need and possibility of an update of the Convention are discussed. |
| Supervisor | Soave, Tommaso |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2021/bolshakova_anastasii.pdf |
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