The Problematic of non- determining the Price in United Nations Convention on the International Sale of Goods 1980


  • أ.م. فيصل عدنان عبد شياع الجامعة المستنصرية – كلية الادارة والاقتصاد Author



contract validity, price, offer, contradiction, reasonable


To determining the price of international sale stipulated in the articles 14 and 55 of the United Nations Convention on the International Sale of Goods (Vienna, 1980) (CISG). The application of this two articles raised many contradictions، especially, the issue of not specifying the price and its impact on the validity of the contract. As a result  of several concepts that seem to be different and contradictory among themselve. Therefore, in the  stage the of contract formation, emerged to the surface and distinguished from it in particular, such as, the offer submitted to conclude the contract and what is related to the adequacy of its determination of the quantity of goods and their price or the data according to which the price can be determined. In order to face the ambiguity of  the Article (14) of the Convention، Article (55) of it came into existence. This article came to address the validity of concluding the international commercial contract and its arrangement of legal effects. Despite the absence of an dexplicit or implicit of determinating the price، meaning that the contract does not become void due to its inability to be determined. Then, the agreement takes into account the standard by which the price is determined، far from the will of the contracting parties. 


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