The concept of Article 35 CISG is the conformity of goods under the contract, which describes the criteria for determining whether the goods delivered by the seller meet the requirements of the contract in terms of quality, quantity and packaging. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay Article 35 CISG states that the seller is obliged to deliver the goods as indicated in the contract. delivery of non-conforming goods called "defective delivery" and the buyer is not obliged to take delivery of the goods. These criteria define the seller's obligations in relation to these important aspects of contract performance. The integrated concept of compatibility defined by art. 35 disposes of the notions of "guarantee" contained in some internal regulations and, according to the CISG, the delivery of goods of a different nature contrary to the contract constitutes a delivery which is not compatible with the goods contract. It is further stated that the CISG offers a one-stop solution for non-conformity of goods, and therefore not only violates domestic contract law, but also national laws that conclude the contract on the basis of the error regarding the quality of the goods. In general, the failure of the seller to deliver the goods in accordance with the requirements of Article 35 constitutes a breach of the seller's undertaking, even if it is argued that the failure of the goods to conform to the contract does not constitute a breach, the goods are compatible with value and are suitable tools for adapting to the goods. The delivery of false documents relating to the origin of the goods constituted a violation of Article 35. It was stated: "Although the seller is obliged to supply a product conforming to the quantity, quality and specifications of the contract in accordance with according to commercial practices , the difference in the amount and terms of the contract may be considered unauthorized goods under Article 35 of the CISG If the defects reach a certain level of severity, violations of the seller's obligations under Article 35 may, in appropriate circumstances, increase to the level of essential breach of contract, as defined in Article 25 of the Convention, thereby preventing the buyer from contracting under Article 49(1). This research paper primarily addresses the question of whether the Article 35(2) (a) CISG applicable if public law restricts the sale of the goods in the buyer's country. To answer the question, the first chapter will provide the interpretation of Article 35(1) of the CISG on the obligation of the seller to comply with the contract in terms of description, quality, quantity and packaging, the second chapter will indicate Article 35, paragraph 2, letters a, b, c, d, CISG which focuses on the non-conformity of goods between parties, distrust in the seller, quality and packaging methods of the goods. The third chapter will focus on article 35, paragraph 3 CISG which will explain the conditions of non-responsibility of the seller in case of non-compliant delivery. The fourth chapter provides a case study and court decisions under Article 35(2)(a). The final chapter provides a brief overview of the case study and answers the original research question. Article 35(1) of the CISG expresses the compliance rules according to which the seller must supply goods in accordance with the contract specifications in terms of description, quality, quantity and packaging. It was also found that the transport of goods contains an amount lower than that specified in the contract in violation of Article 35, paragraph 1, CISG, since this law explicitly provides that the defect of"conformity" includes the lack of quality of the delivered goods and the lack of quantity, however, minor deliveries are not violated by Article 35, paragraph 1, CISG, where the contract had been concluded and the buyer had accepted them without complaint. However, compliance obligations are not limited to what is stated directly in the contract. The seller must also comply with certain contractual requirements. (Law 2) The stated requirements may arise, for example, from practices created between the contracting parties or from commercial usage and are widely known in the commercial sector. Even if the contract is concluded, the seller has the duty to meet these implied requirements to fulfill the compliance obligations. The seller's mandatory implied compliance obligations should be clear when representations are made during initial negotiations between the parties. Pursuant to Article 35, paragraph 1, CISG, the compliance obligations are fulfilled exclusively with what is provided for in the contract. Everything that remains outside the contract, that is, not agreed between the parties, has no legal aspect. (conformity of goods) To define the purpose of Article 35, paragraph 1, CISG, if there is a specific requirement of quality, quantity or description or requires a specific method for packaging, reference must be made to the general rules for fixation of the content of the agreement between the parties. (law2) According to Article 35(1) CISG, the seller's liability arises if the failure to supply the goods meets the following four criteria: quantity, quality, description and packaging. The delivery of goods in quantities lower than that agreed in the contract constitutes a violation of compliance with obligations. The implementation of the general rule becomes binding on the seller and the seller is obliged to deliver the exact quantity of goods according to the contractual agreement. Any difference in the number of goods delivered by the seller allows the buyer to resort to solutions for non-compliant delivery. The contractual quantity pursuant to Article 35, paragraph 1 CISG does not define either lower or higher than the contractual amount of the goods. , in both cases there is a violation of the compliance obligations. However, there are some rights reserved for the buyer. If the delivery is less than what was agreed in the contract, in this case Article 51 CISG applies. Pursuant to this article the buyer has the right to set an additional deadline for the delivery of the missing parts and to accept non-conforming delivery at a lower price, the buyer may also declare the contract partially terminated due to the missing part or cancel the entire contract, if the missing part violates the fundamental parts of the contract. In any case the seller is responsible for the damage. If the quantity delivered is greater than that stipulated in the contract, Article 52 CISG applies and in this case the buyer has the right to accept the excess quantity of the goods or refuse. If the buyer accepts excess delivery of the goods, he will have to pay the excess quantity at the contract price. If the buyer is unable to refuse the extra goods, he may void the entire contract (conformity of the goods). The seller must deliver the goods of the quality stipulated in the contract. Any qualitative differences in the goods delivered are considered defects of conformity regardless of the consequences on the usability or value of the goods. Physical condition is not the only attribute to evaluate. You must pay attention to other legal conditions between the parties. Considering the important role played by party independence, there is no limit to these conditions, since parties can agree without any non-binding attributes.physicist. In fact, it can be foreseen that the contract originates from a specific place to create a product that has a particular ethical character or to respect certain production standards in the production process. Article 35(1) CISG makes no distinction between deliveries of better quality or worse quality than that agreed in the contract and there is no specific limitation on the remedies available to the buyer when the goods are of substandard quality. (conformity of the goods) The third position referred to in article 35, paragraph 1 CISG concerns the delivery of goods that do not comply with the description of the contract. As with defective quality, these requirements cover a wide range of events, meaning that the concept of description is broadly defined as "The usual way in which parties determine the content of their obligations". In drafting the agreement, there is no limit to how the goods are described. The parties, in fact, can decide to express the goods through contractual provisions or, vice versa, implicitly by referring to an external document that demonstrates the goods and their quality. Compliance obligations are fulfilled when the seller delivers the goods as described in the contract. The delivery of goods completely different from what was agreed is not a delivery of non-compliant goods but a failure to deliver the goods. (goods conformity) Packaging is an important issue as it directly influences the quality, usability and marketability of the contract goods. Given the importance of correct packaging, Article 35 of the CISG raises the issue of both declarations of conformity and regulations. The seller must always comply with a specific package of rules when packing the goods. (conformity of the goods) 3. Article 35, paragraph 2 CISGLArticle 35, paragraph 2 CISG defines the standards of quality, performance and packaging of the product which, although not mandatory, are presumed to be part of the sales contract. In other words, these rules are the conditions that the seller attributes to you, even without his positive consent. If the parties do not want to apply these standards to their contract, they could agree otherwise. Parties will be bound under Article 35(2) of the CISG if they use these standards to contract. In the event that the parties agree to exclude the seller's obligations pursuant to Article 35, paragraph 2 CISG, the interpretative rules of the Convention apply. It has been found that an agreement on the general quality of the goods does not deviate from Article 35(2) if the agreement contains only positive conditions regarding the quality of the goods and no negative conditions relieving the seller of his obligations; However, other decisions indicate that an express agreement referred to in Article 35(1) on the quality of the goods excludes the quality obligations imposed by Article 35(2), even if the parties do not state otherwise that the obligations under Article 35(2) are not applicable. Some decisions have applied national law to determine the validity of agreements to exclude the seller's obligations under Article 35(2). (Law2)Article 35(2) consists of four parts. Two of the subparagraphs (Article 35(2)(a) and Article 35(2)(d)) apply to all contracts, unless otherwise agreed between the parties. The other two subparagraphs (Articles 35(2)(b) and 35(2)(c)) apply only if certain substantive predicates exist. Article 35(2)(a) of the CISG obliges the seller to deliver the goods, which should be fit for the purpose for which goods thereof would normally and ordinarily be useddescription. This commitment is equivalent to the specific obligations imposed on sellers by national legislation. Article 35(2)(a) distributes risks between buyers and sellers regarding the performance of a good. It would be a violation of Article 35(2)(a) for the seller to deliver a refrigeration unit which breaks down immediately after first commissioning. It would also be a violation of Article 35(2)(a) if the seller delivered wine diluted with 9% water, which would lead the national authorities to seize and destroy the wine. The right to replace another component of the machine by the seller without informing the buyer and without giving him adequate installation instructions was also found to have been violated, which would cause the machine to fail after a short period of use and would disappoint the customer. 'buyer. (law2) It is clear that the car should be drivable, the food should be edible, the clothes should be wearable and so on. In order to avoid overly specific contracts and reduce the risk that sellers take advantage of the contractual “silence” to deliver goods of inferior quality, the authors of the CISG introduced a standard rule that reflects the parties' agreements, if only during the negotiated period. It follows that, even in the absence of usage specifications, the seller must guarantee that the goods are at least suitable for normal and ordinary use. Article 35, paragraph 2, letter a) of the CISG concerns two legally binding conditions, the first of which is the absence of a contradictory contractual clause and the second condition is the absence of a specific purpose under Article 35 , paragraph 2, letter b), CISG. If the seller has been informed of the specific purpose for which the goods are to be used, this has priority over ordinary purposes. (conformity of the goods) However, the rule of Article 35(2)(a) only requires that the goods are suitable for the use for which their normal and ordinary users are. The goods need not be perfect or free from defects unless the goods are perfect for the fulfillment of their ordinary purpose and use. A court found that heavy oil could be used in the buyer's business, even though there were problems due to the particular type of pumps used by the buyer that the seller was unaware of. The court also found that the seller had no pre-contractual obligation to inquire about the buyer's specific purposes. To further simplify, Article 35(2)(a) of the CISG stated that the goods requested had to be of "medium" quality, "marketable" quality or "reasonable" quality. It was further described that the traceability of goods is an aspect of their fitness for purpose and ordinary use under Article 35(2)(a), that at least food intended for human consumption must not be harmful to human health. health, because harmful foods have caused harmful to health and may therefore lead to a violation of Article 35(2)(a). (law2) Article 35(2)(b) of the CISG specifies that the goods must be fit for any specific purpose, which is explicitly or implicitly communicated to the seller at the time of approval of the contract. this is the same obligation that domestic law imposes on the seller. The obligation under Article 35(2)(b) arises only if the specific purposes were communicated to the seller at the time of conclusion of the contract. It may constitute a violation of Article 35(2)(b) if the delivered goods do not fulfill the specific purposes envisaged by the buyer at the time of approval of thecontract. In this case the seller finds himself in violation of article 35, paragraph 2, letter b), because once the specific destination has been negotiated, the seller is obliged to deliver goods that have such characteristics that make them suitable for the specific use. (law2) For example, the buyer orders a set of drills designed to drill a carbon steel plate, if the seller provides ordinary drills, they would break when drilling durable carbon steel. Therefore the buyer may not be able to use them for their intended purpose. In this case the seller violates Article 35, paragraph 2, letter b) CISG and the buyer is protected and the seller applies Article 35, paragraph 2, letter b) CISG and is obliged to deliver the goods suitable for the specific purpose, which expressly or implicitly communicated at the time of conclusion of the contract. (conformity of the goods) The requirements of Article 35 (2) (b) CISG do not apply if the circumstances demonstrate that the buyer did not reasonably rely on the seller's skills and judgment and was himself an experienced importer of the goods. A court has ruled that the buyer should not expect the seller to be aware of his country's public law requirements or administrative practices relating to the goods, unless the buyer is responsible for indicating such requirements to the seller. (law2) The main difference between Article 35(2)(a) CISG and Article 35(2)(b) CISG is: goods for ordinary use and goods for specific use, which means that if the seller has been informed of a specific purpose for which the goods are to be used, it has priority over ordinary use. Article 35(2)(c) of the CISG provides that, to be in conformity with the contract, the goods must contain the characteristics of the good which the seller has supplied to the buyer as a model or sample. This provision applies even if the buyer provides a sample or model and the parties agree that the goods must conform to the sample or model. (law2) Problems may arise if the buyer receives a sample or model but is ordered the goods without any reference to them. It is always necessary for the buyer to provide a reference based on the sample or model provided by the seller. It was also confirmed that goods of a certain sample or model do not have to conform if the parties have not agreed. (conformity of the goods) Comparable to Article 35, paragraph 2, letter b) CISG, this provision does not automatically apply to the conclusion of the contract, but only comes into force if the seller has provided samples or samples of the contracted goods and would violate the Article 35(2)(c) if the goods delivered do not conform to the sample or model provided by the seller. Article 35(2)(d) of the CISG provides that the goods must be contained or packaged in the manner required by the Contractor. If the contractor does not do so, the package must be packaged in an appropriate manner to preserve and protect the goods. If the parties have not specified packaging requirements in their contract, in this case, the standard packaging method is considered to be the seller's country. The seller would be held responsible and would violate Article 35 (2) (d) CISG, if damage occurs to the goods delivered to the buyer's jurisdiction is caused by inadequate packaging, as packaging is an important issue as it directly affects on the quality, usability and marketability of the contracted goods. For example, the seller of canned fruit would be in breach of Article 35(2)(d) of the CISG if the containers were not sufficient to prevent the contents from deteriorating after.