El derecho de retención en la Convención de Viena sobre compraventa The Vienna Sales Convention, Milán, Giuffrè, Bennett, T. DE MERCANCIAS (Convención de Viena de ) indemnización de daños y perjuicios en la Convención de Viena (artículos 74 a 77) son. Nos referimos a la Convención de Viena de sobre compraventa internacional de mercaderías de 11 de abril de (en adelante.

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Theory and Practice, 2nd ed. Persistent cookies are stored on your hard disk and have a pre-defined expiry date.

Thus, as such, the buyer was made to pay for the deliveries as well as the interests that Article 78 refers to. The seller sued for the payment of outstanding bills and interest, and despite the buyer having made some payments, no reference had been made to one particular delivery or specific bills.

This is an open-access article distributed under the terms of the Creative Commons Attribution License. English 7th April ]. It considers both legal theory and case law interpretations. In order to do so, Article 4.

The following are the requisites that Article 9 2 of the Convention indicates so as the trade usages have a value.

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It should also be taken into consideration that, according to what is determined in Article 4, the Convention exclusively regulates the formation of a contract of sale and the rights and obligations of the parties. English pdf Article in xml format Article references How to cite this article Automatic translation Send this article by e-mail.

This is reflected in both Article 8. On two previous occasions, faced with covencion similar situation, the buyer had been credited with the sum for the damages that had been incurred; however, this was not the case this particular time.

A case was brought before the Austrian courts that involved a German seller plaintiff and an Austrian buyer defendant who entered into contract for the sale of wood.

The disagreement resulted from one occasion when the boxes were damaged by convencin hauler; on receiving the damaged boxes, the situation was reported 180 to the seller. When engaging in international business, viema should have a knowledge of the usages or, failing this, find out about them. The objective parameter to determine the existence of usages will be that which is regularly observed by those involved in the trade activity in question.


Cookies come in two flavours – persistent and transient. The parties knew or ought to have known It is not necessary that the parties actually have a knowledge of these usages, as their enforceability comes from their generality, which clearly differentiates them from specific or conventional usages.

The usage of paragraph 2 is effective per se; that is to say it is unrelated to any specific commercial operation since it can be generally applied.

El derecho de retención en la Convención de Viena sobre compraventa internacional de mercaderías

Currently there are 86 countries that have ratified the United Nations Convention on Contracts for the International Sale of Goods signed on April 11 th One of the most important issues in the Convention for the International Sale revolves around the ability to define the way in which it anticipates the application of other sources of law with which it is integrated.

Flechtner, edited and updated, Wolters Kluwer, Alphen aan den Rijn, The Convention on the International Sale recognizes the main value of contractual practices and usages as sources that generate rules of conduct. For example, at loot. For example, a disagreement that arose between a German buyer plaintiff and an Austrian seller defendant was based on an addition to a basic agreement of commercial usages that governed the transactions between the parties as well as some general conditions.

The second part, which is entitled Formation of the contract, is contained between Articles The regulations are set out as follows: In such cases the usage will not be applied. Second, no party should be bound by a usage that it cannot reasonably be expected to be aware of. Business practices and conventional usages The Convention refers to business practices in Article 8. The Convention refers to business practices in Article 8.

The Convention on the International Sale recognizes a non-hi- erarchal and open order of legal sources that allows for the parties, interpreters, and judges or referees to convencjon creative in convenncion decision-making process.

For this reason it convenion provisions relative to its adoptions and reservations.

Secondly, a normative function is recognized in Article 9 of the Convention as well as in Article 1. The application of the usage in this case would be unreasonable and A may rely on the defects it has discovered even though they have not been certified by an internationally recognised inspection agency.


February 10, ; Accepted: The following classifications for usages and practices can be established for the previously mentioned regulations: Information on the countries that have ratified the Convention can be found at: This excludes the application of developed usages or ones that come from transactions in domestic activity as they are vien to be irrelevant to the purposes of international trade.

When A, a buyer, takes over the goods at the port of destination, the only internationally recognised inspection agency operating in that port is on strike and to call another from the nearest port would be excessively costly. The following also comments on this case: Una perspectiva europea y transnacional2 nd ed.

Interpretative functions According to what is established by Article 8. In order to do so, it must be possible convejcion specifically infer in each case that the intention of the contracting parties was to associate determinate usages to the contract.

As such, local usage could be applicable in some circumstances, this is insisted upon when it is directly related to an international trade transaction. Their international convenncion can be attributed to a practice that despite only belonging to one particular place is such because it derives from international trade transactions that are undertaken in that particular place. General Usages Article 9. As is well known, these have established themselves as the instrument that sets out the general applicable rules to international contracts, either as an express agreement between the parties, or because the arbitrator interprets the contract as a reflection of a modern lex mercatoria.

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Theparties knew or comvencion to have known. Ultimately, it is an aspect that is combined in Articles 6 and 9. This paper is structured in the following way: The seller could not demonstrate that the buyer had disclosed the basic agreement or the general conditions.

Una perspectiva europea y transnacional,2nd ed.