Art. 4 CISG

This Convention governs only the formation of the contract of sale and the rights and obligations of the seller and the buyer arising from such a contract. In particular, except as otherwise expressly provided in this Convention, it is not concerned with:

(a) the validity of the contract or of any of its provisions or of any usage;

(b) the effect which the contract may have on the property in the goods sold.

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Secretariat Commentary

The Secretariat Commentary on Art. 4 of the 1978 New York Draft, predecessor to Art. 4 CISG, gives insight into the drafters' unterstanding on the eve of the 1980 Vienna Diplomatic Conference.

Commentary on the Draft Convention on Contracts for the International Sale of Goods, prepared by the Secretariat (UN Doc. A/CONF.97/5), in: United Nations Conference on Contracts for the International Sale of Goods, Vienna, 10 March – 11 April 1980, Official Records: Documents of the Conference and Summary Records of the Plenary Meetings and of the Meetings of the Main Committees, New York: United Nations (1991), pp. 14 et seq., at p. 17

CISG-AC Opinion regarding Art. 4 CISG

CISG-AC Opinion No. 10 ‘Agreed Sums Payable upon Breach of an Obligation in CISG Contracts’ (Rapporteur: Pascal Hachem), adopted by the CISG Advisory Council following its 16th meeting in Wellington (New Zealand) on 3 August 2012

Overview of case law on Art. 4 CISG: UNCITRAL Digest

The UNCITRAL Digest on the CISG can be used as a starting point to discover the relevant case law on this article.

2016 UNCITRAL Digest of case law on Art. 4 CISG