Limits of unification principle under CISG: The direct referral to the national law
Hossam Sayed Abdelraheem
Vienna convention was keen, as one of these international conventions, to stipulate frankly its international nature, the need to achieve unification when applying this convention. This convention aims at avoid resorting to the national laws to explain the provisions of the convention, and to achieve the unification of rules regulating the contracts for the international sale of goods. In fact, it could be said that no absolute exclusion of national law, because some provisions of Vienna convention frankly refers to the national law. This is the concern of the current research. There are some matters the drafters of Vienna convention saw that should be resorted directly to the national laws and there are some matters could not be unified. So these matters were excluded absolutely from the scope of application of provisions of Vienna convention, and the national legislations were the applicable laws. Therefore, This study treats the direct referral to the national law according to (articles (28), )7/2 ((of the convention. There is no doubt that referral to the national law has risks on the uniform applicable law in the case of international sale of goods, in particular in the case where the applicable national law does not allow to judge the specific performance, that harm interests of the creditor in the contract of international sale, who seek to achieve the purpose of contracting, obtaining the object the contract on international sale. Furthermore, the attempt of the convention to satisfy all parties is a difficult matter, and could not be completely achieved, in particular with variety of these legal systems. Therefore, In our opinion, it could be said that establishing juridical principles is becoming an urgent need which is absolutely necessary for completing the juridical uniform structure of international commerce, particularly international sales.