{"id":5255,"date":"2016-10-20T17:27:05","date_gmt":"2016-10-20T13:27:05","guid":{"rendered":"http:\/\/www.armenianlaw.com\/?p=5255"},"modified":"2021-03-13T21:03:43","modified_gmt":"2021-03-13T17:03:43","slug":"on-entering-into-contracts-for-the-international-sale-of-goods-in-accordance-with-the-1980-vienna-convention","status":"publish","type":"post","link":"https:\/\/www.armenianlaw.com\/en\/on-entering-into-contracts-for-the-international-sale-of-goods-in-accordance-with-the-1980-vienna-convention\/","title":{"rendered":"Contracts for the International Sale of Goods (Vienna Convention)"},"content":{"rendered":"

In the modern world the trade has gone beyond the borders of particular countries and gained international significance. Along with the development of markets and the emergence\u00a0of new technical tools business\u00a0entities in the Republic of Armenia gain an opportunity to enter into contracts and sell goods in foreign countries without any additional complexities.\u00a0The Convention on Contracts for the International Sale of Goods was adopted\u00a0in Vienna in 1980 with the aim of erasing the barriers between the parties to foreign trade transactions and resolving contradictions between the legislation of different countries when conducting foreign trade activity. This convention operates in 62 countries. The Republic of Armenia joined\u00a0Vienna Convention in 2010.<\/span><\/p>\n

The Vienna Convention establishes a uniform legal regime for the contracts for the international sale of goods. And it is important due to significant differences of national legal systems of different countries. If the parties to the contract are from different countries, for example, the Republic of Armenia and the Republic of France, they may have some problems due to different demands of national legislation to the contract form. This Convention is designed to resolve such contradictions.\u00a0Contracts for the international sale of goods always hav a foreign element, as the parties are from different countries. The subject of such a contract is an import, or an export of goods and the currency used as a means of payment is foreign for both parties, or at least for one of them.<\/span><\/p>\n

In accordance with Article 11, the contract of sale need not be concluded in, or evidenced by writing and is not subject to any other requirement. It may be proved by any means including witnesses.\u00a0But some countries made the declaration which says that if any party has the place of business in a Contracting party\u2019s country, the condition that allows a contract of sale, or its modification, or termination by agreement, or any offer, acceptance, or other indication of intention to be made in any form other than in writing is not applied. Such a declaration has been made in the Russian Federation, The Argentine Republic and the Republic of Belarus.<\/span><\/p>\n

The Vienna Convention<\/a> may be applied to the countries which are contracting parties to this Convention. Nationality, civil, or trade status of the parties is not considered when determining the applicability of this Convention. Except, the contracts for the sale of goods subject to production is deemed as sale contracts if the party didn\u2019t take an obligation to supply the significant part of the materials required for production of such goods.\u00a0The Vienna Convention is not applied to the contracts in which the preponderant part of the obligations of the party who furnishes the goods consists in the supply of labor, or other services.<\/span><\/p>\n

Article 2 of the Convention establishes this convention does apply to sales:<\/span><\/p>\n