Impact of Art. 31 on the interpretation of non-CISG provisions

Beyond its actual sphere of application, Art. 31 CISG has occasionally been used as guidance by courts when interpreting provisions of domestic or international law. Some examples are listed below.


Benelux Union law:

Czech Republic
Kipling N.V. v. GB Unic N.V. et al.
Advocate General at the Benelux Court of Justice
Benelux Union, 29 April 1999 – A 98/1/16, CISG-online 3945
Reference made to Art. 31 CISG in discussing the interpretation of the term "has been put into circulation" in Art. 13.A.8 of the Benelux Uniform Law in respect of trade marks

Italian law:

Czech Republic
F.A.S. Italiana s.n.c. - Ti.Emme s.n.c. - Pres.Cons.Ministri (Avv.gen.Stato)
Corte Costituzionale (Italian Constitutional Court)
Italy, 19 November 1992 – 465, CISG-online 52
In ruling on the constitutionality of Art. 1510(2) of the Italian Civil Code - a provision stating that under sales contracts that include a transportation of the goods, the seller is discharged from his obligation to deliver when he hands the goods to the carrier - the Italian Constitutional Court held that this domestic law provision is compatible with the Italian Constitution because it is consistent with Arts. 31 and 67 CISG
Czech Republic
A.C.M. S.r.l. v. Euromagneti di Filippini Cesare & C. s.n.c.
Corte Suprema di Cassazione (Italian Supreme Court)
Italy, 29 July 2016 – 15810, CISG-online 4221
Merely passing reference made to Art. 31 CISG in discussing the interpretation of Art. 1510(2) of the Italian Civil Code, but held that no guidance can be drawn in the application of this provision to a domestic sales contract between two Italian parties