CISG, 1980 and the Indian Legal Sphere

  • Parvathy Giri
  • Show Author Details
  • Parvathy Giri

    Advocate at Kerala High Court, India

  • img Download Full Paper

Abstract

The United Nations Convention on Contracts for the International Sale of Goods was formed in response to economic liberalization, privatization, and globalization, in order to secure the continued expansion of international commerce. The number of nations that have ratified the CISG, as well as the number of incidents dealing with its implementation, has increased dramatically. In light of the increased utilization of the CISG and the fact that India is a prominent competitor in international commerce, it is necessary to analyze the differences between the CISG and the Indian Contract Act of 1872 and the Sale of Goods Act of 1930. The ICA, which is the basis of India's earliest commercial laws, establishes basic regulations for contract administration and regulation. The SGA is solely engaged with the selling of products. The CISG is a more recent version of these statutes that deals with contract formation, buyer and seller obligations, and contract breach remedies. This article aims to identify and analyze the differences between the CISG, the SGA, and the ICA, both in terms of content and application. It also aims to analyze if it is a viable choice for India to ratify the CISG.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 6, Page 1388 - 1395

DOI: https://doij.org/10.10000/IJLMH.112404

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021