Buyer's Obligation to Notify in the Event of Non-Conformity of Goods
DOI: https://doi.org/10.62517/jel.202414420
Author(s)
Haodong Li
Affiliation(s)
School of Law, Yangzhou University, Yangzhou, Jiangsu, China
Abstract
Under CISG, the buyer's obligation to notify in the event of non-conformity of goods is subject to a number of periods, and failure to notify when such periods expire may result in a forfeiture. Therefore, it is important to clarify the applicability of such periods for protecting the balance between buyer and seller's rights. This article focuses on the buyer's obligation to notify in Article 39 of CISG, including the relationship among the notice period, reasonable period and maximum period. This article also explains the necessity of buyer's notification system and its importance for maintaining the balance between buyer and seller's rights and interests.
Keywords
CISG; non-Conformity Notified; Defect Notification Period; Buyer's Obligation to Notify
References
[1] Liang Huixing. Research on Case Precedents and Legislation in Civil Law Theory. Beijing: China University of Political Science & Law Press. 1993: 170.
[2] Shi Shangkuan. Treatise on the Law of Indebtedness. Beijing: China University of Political Science & Law Press.2000: 33.
[3] Micheal Bridge. The International Sale of Goods: Law and Practice (Second Edition). Oxford: Oxford University Press, 2007.
[4] Peter Schleichterim. Commentaries on the United Nations Convention on Contracts for the International Sale of Goods. 3 Edition. Beijing: Peking University Press, 2006: 114.
[5] Lian Junya. Dilemmas of Judicial Application of the United Nations Convention on Contracts for the International Sale of Goods in China and Responses – A Party Choice of Chinese Law. International Law Research, 2023 (01): 129-144.
[6] Herbert Bernstei. Joseph Lookofsky. Understanding the CISG in Europe (Second Edition). New York: Kluwer Law International, 2003.
[7] Ulrich Schroeter. A Time-Limit Running Wild: Article 39 (2) CISG and Domestic Limitation Periods, Nordic Journal of Commercial Law, vol. 2017, 2, 2017.
[8] Yuhui Deng. Exploration of the Application of CISG in International Commercial Arbitration. Journal of Southeast University (Philosophy and Social Sciences Edition), 2024, 26 (S1): 112-118. DOI: 10.13916/j.cnki.isn1671-511x.2024.s1.024.
[9] Lu Chenghua. Reference for and Reconstruction of the Rules of Defect Notification Period. Journal of Gansu University of Political Science and Law.
[10] Wang Zhuo. Study on the Buyer's Obligations of Inspection and Notification under the United Nations Convention on Contracts for the International Sale of Goods. Hunan: Hunan Normal University, 2012. DOI: 10.7666/d.y 2148113.