The Conformity of the Goods to the Contract in International Sales

Abstract

The present article aims to provide a general overview on the issue of conformity of the goods to the contract as regulated by Article 35 of the Convention on Contracts for the International Sales of Goods (“CISG”). The analysis will focuses on Article 35 CISG and, after having retraced the history that led to the current formulation of the provision, will concentrate on the implications following the adoption of a “unitary” notion of conformity. The evaluation will proceed focusing on the single express and implied conformity obligations covered, respectively, in the first and second paragraphs of Article 35 CISG. The discussion will then delve into the cases of exclusion of liability. After having considered the exemptions falling under Article 35(3) CISG, the two cases of failure to give notice provided by Article 39 CISG will be addressed.