ABSTRACT

THE IMPACT OF UNIFORM LAW ON NATIONAL LAW: LIMITS AND POSSIBILITIES - CISG AND ITS INDIDENCE IN DUTCH LAW

Sonja A. Kruisinga

Although uniform law and national law appear to be separate systems of law, they are also intertwined. This paper discusses whether the application of the national sales law in the Netherlands has been influenced by the relevant provisions of uniform law in the UN Convention on Contracts for the International Sale of Goods (CISG). It will also ascertain whether the national legislature in the Netherlands has looked at the provisions of uniform law in the CISG for inspiration when drafting new laws. Even though the scope of the CISG’s application differs from that of the Dutch Civil Code, the two instruments are also rather similar. This paper illustrates that the CISG has had an important influence on the development of the law of obligations in the Netherlands. The impact of the CISG on national law is apparent in different ways. In this paper, a number of examples will be given to show the extent of the influence that this convention has had, and still has, on contract law in the Netherlands. For example, the Civil Code that was enacted in the Netherlands in 1992 is based on the text of the ULIS, one of the predecessors of the CISG. Thus, both the codified sales law in the Netherlands and the CISG have the same basis.


Cite as: Sonja A. Kruisinga, The Impact of Uniform Law on National Law: Limits and Possibilities – CISG and Its Incidence in Dutch Law, vol 13.2 ELECTRONIC JOURNAL OF COMPARATIVE LAW, (May 2009), <http://www.ejcl.org/132/art132-2.pdf>.

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