Impact of Art. 67 CISG on the interpretation of non-CISG provisions
Beyond its actual sphere of application, Art. 67 CISG has occasionally been used as guidance by courts when interpreting provisions of domestic or international law. Some examples are listed below.
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
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
