Buyer's Obligations in Contracts for the International Sale of Goods in Light of the United Nations Convention of 1980: A Comparative Analytical Study

Abstract

Summary

The United Nations Convention on Contracts for the International Sale of Goods (1980) contains a provision that outlines the buyer's obligations in international sales contracts in general. These obligations include the obligation to pay the price of the goods and the obligation to deliver the goods, as stipulated in Article (53) of the Convention. Therefore, this study aims to analyze and examine the buyer's obligations in contracts for the international sale of goods in accordance with the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG), focusing on its application in comparison with the Judicial Rulings Code and the Palestinian Civil Code Draft. It also seeks to highlight the extent to which these rules are consistent with developments in international trade, while offering recommendations for improving national legislation to enhance the Palestinian legal environment for international trade. In this study, the researcher adopted a descriptive, analytical, and comparative approach to study the relevant legal texts in the Vienna Convention (Articles 53-60) and compare them with the Judicial Rulings Code and the Palestinian Civil Code Draft of 2012. The research included an analysis of relevant judicial rulings and a review of the practical applications of these obligations. It revealed that there are shortcomings in the Judicial Rulings Code and the Palestinian Civil Code Draft compared to the Vienna Convention. The 1980 Vienna Convention on International Sale and Purchase (VIC) regulates the buyer's obligations, as each lacks clear provisions obligating the buyer to receive the goods and cooperate with the seller. It also does not clearly specify the place and time of payment, opening the door to legal disputes. Furthermore, they lack complementary rules that help save contracts when there is no agreement on basic terms, such as determining the price. The Vienna Convention, on the other hand, provides a flexible and sophisticated model that enhances the stability of international contracts and ensures a balance of interests between the parties. The researcher recommended the inclusion of explicit provisions in the draft Palestinian Civil Law that clearly define the buyer's obligations, including receiving the goods and cooperating with the seller, in addition to establishing clear rules for the place and time of payment and the currency used. He also calls for the inclusion of provisions that complement contracts when there is no agreement on basic terms, in accordance with the rules of the Vienna Convention. A guide should also be prepared that explains the legal provisions related to international sales contracts to enhance awareness among Palestinian traders. Finally, the Vienna Convention should be adopted as a complementary reference for resolving disputes and ensuring that national laws comply with international standards.

Keywords: Buyer's Obligations, 1980 Vienna Convention, Judicial Rulings Magazine, Palestinian Civil Law Draft