For centuries, national legal systems have recognised the principle pacta sunt servanda as well as its exceptions, rebus sic stantibus and ad impossibilia nemo tenetur, but the way these legal fundamentals operate is a variable in comparative law. Unforeseeable change in circumstances is amongst the most relevant issues for international contracts thus international business practice has provided some standard solutions. The Vienna Convention on the International Sale of goods (CISG), of 11 April 1980, has also offered some uniform law solutions but they are unsatisfactory especially when confronted with modern business practice and Covid-19 pandemic potential litigation. Academic literature on conflict of laws aspects of force majeure is also scarce. This essay fills a gap and explores some of the most relevant conflict of laws issues in B2B international sales related to Covid 19 pandemic for international contracts. It will address the choice of lex contractus and its scope concerning force majeure, including issues of causation, penalty clauses, evidence (with reference to “certificates of force majeure” issued by some Governments), payments and overriding mandatory rules.

For centuries, national legal systems have recognised the principle pacta sunt servanda as well as its exceptions, rebus sic stantibus and ad impossibilia nemo tenetur, but the way these legal fundamentals operate is a variable in comparative law. Unforeseeable change in circumstances is amongst the most relevant issues for international contracts thus international business practice has provided some standard solutions. The Vienna Convention on the International Sale of goods (CISG), of 11 April 1980, has also offered some uniform law solutions but they are unsatisfactory especially when confronted with modern business practice and Covid-19 pandemic potential litigation. Academic literature on conflict of laws aspects of force majeure is also scarce. This essay explores some of the most relevant conflict of laws issues in B2B international sales related to Covid 19 pandemic for international contracts. It will address the choice of lex contractus and its scope concerning force majeure, including issues of causation, penalty clauses, evidence (with reference to “certificates of force majeure” issued by some Governments), payments and overriding mandatory rules.

FORZA MAGGIORE E VENDITA INTERNAZIONALE DI BENI MOBILI IN UN CONTESTO DI PANDEMIA: ALCUNE RIFLESSIONI

Marrella, Fabrizio
2021-01-01

Abstract

For centuries, national legal systems have recognised the principle pacta sunt servanda as well as its exceptions, rebus sic stantibus and ad impossibilia nemo tenetur, but the way these legal fundamentals operate is a variable in comparative law. Unforeseeable change in circumstances is amongst the most relevant issues for international contracts thus international business practice has provided some standard solutions. The Vienna Convention on the International Sale of goods (CISG), of 11 April 1980, has also offered some uniform law solutions but they are unsatisfactory especially when confronted with modern business practice and Covid-19 pandemic potential litigation. Academic literature on conflict of laws aspects of force majeure is also scarce. This essay explores some of the most relevant conflict of laws issues in B2B international sales related to Covid 19 pandemic for international contracts. It will address the choice of lex contractus and its scope concerning force majeure, including issues of causation, penalty clauses, evidence (with reference to “certificates of force majeure” issued by some Governments), payments and overriding mandatory rules.
2021
3
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10278/3741629
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