International Sales Contracts and Applicable Conventions

Extract

[...] Furthermore, the specific contract falls under the CR in accordance with this criterion. Application of another international convention, pursuant to Article 21 CR which provides that :« This Convention does not affect the application of international Conventions to which a Contracting State is or will be a party. Therefore, it is necessary to question the application of the Hague Convention of 1955 on the sale of movable corporeal objects Applicability of the Hague Convention of 1955 due to the sale of movable corporeal objects To determine the applicability of the CL, it is necessary to question the object of the convention as well as the applicable law. [...]

[...] In these conditions the French law would find itself applicable. Question: Article paragraph 2 of the CVIM provides that : « questions concerning matters governed by this Convention and not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law." The jurisprudence of the Court of Cassation has considered that : « the Vienna Convention exclusively regulates the formation of the sales contract between the seller and the buyer, the Court of Appeal has exactly deduced that French law, the application of which has not been contested, which regulates the direct action of a sub-buyer against the seller should apply In addition, « The Vienna Convention of 11 August 1980 on the International Sale of Goods, which exclusively regulates the formation of the sales contract between the seller and the buyer, does not apply to the direct action of a sub-buyer against this seller. [...]

[...] ( . In this case, the seller, Girouette company, is French, its head office is in France and the reception of its order took place in France. In conclusion, the CL is applicable. Applicability Vienna Convention of 11 April 1980 on Contracts for the International Sale of Goods (CISG) The CISG imposes three cumulative conditions for its application: Internationality of the contract, stemming from Article 1.1 of the CISG. In this case, France and Paraguay are parties to the Vienna Convention. [...]

[...] As already mentioned, the CISG is applicable to the dispute. The defects of the delivered material fall under several provisions of the CISG and in particular Articles 45, 35§1 and 36. The second paragraph of Article 39 specifies: « In any case, the buyer is deprived of the right to rely on a defect of conformity, if he does not notify it at the latest within a period of two years from the date on which the goods were actually delivered to him, unless this period is incompatible with the duration of a contractual guarantee. [...]

[...] Yet more than two years have elapsed between the receipt of the defective goods and the possible forthcoming recourse before the French courts. Under these conditions, the Girouette company is forced to close its recourse against Vileta. II- On the direct action It is traditionally accepted in domestic law that the direct contractual action or opens the benefit of the actions born from the commitments of the manufacturer under the original contract to the sub-acquirer. However, in constant jurisprudence, by application of Article 4 of the CVIM, the judge notes the absence of a sales contract concluded between the manufacturer and the sub-acquirer. [...]