The Entry into Force of the Vienna Convention on the International
Sale of Goods
Legal Letter
April 2014
Website:
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Authors:
Marcus Wilson Valverde
[email protected]
Rafaella Schwartz Jaroslavsky
[email protected]
Vitor Primo Ribeiro
[email protected]
Editorial:
Daniela Yoko Taminato
Corporate Communication
Marketing
[email protected]
Marcelo Vieira Rechtman
Partner
[email protected]
Apart from a relative controversy, important scholars assert that the Vienna Convention
on the International Sale of Goods (“CISG”) has come into force and effect in Brazil on
April 1, 2014. With this, a significant part of the international trade of good relating to
Brazil will be governed by this convention, as the main commercial partners of the
country, such as China, United States and Mercosur nations, are all included in the
extensive list of signatory parties to it. It is believe that the CISG will ensure legal
predictability and reduce transactional and legal costs, as the one incurred when
determining the applicable law to a international sales agreement, for instance.
With 101 articles, the CISG has provisions on the formation, duties of seller, duties of
buyer, passing of risk, interpretation and breach of the international sale of goods
contract. Pursuant to its rules, the CISG is not applicable to the marketing of goods to
consumers or to the sale of securities or power, among other exceptions. Other than
these exceptions, article 6 authorizes parties to partially or fully derogate from the CISG,
by expressly stating so in the contract itself.
and
Article 7 of the CISG provides that the interpretation of its provisions shall consider its
international character, which means that legal terms shall not, as a general rule, be read
in accordance with domestic law, but in harmony with international legal texts on the
matter and principles applicable. Examples of distinctions between the CISG and Brazilian
law include new rules on contract formation and specific provisions on the breach of
contract.
Marcus W. Valverde, Rafaella Schwartz Jaroslavsky and Vitor Primo Ribeiro
This legal letter is a periodic publication of Cascione, Pulino, Boulos e Santos Advogados solely addressed to its recipients. The opinions presented herein do not imply a final legal opinion by the firm and its
application is subject to further analysis of the mat ter in hand.