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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Vienna Sales Convention of 1980 in the Southern African Legal Environment: Formation of a Contract of Sale
Author:Ng'ong'ola, ClementISNI
Periodical:African Journal of International and Comparative Law
Geographic term:Southern Africa
Subjects:conflict of laws
international agreements
Law, Human Rights and Violence
international relations
Economics and Trade
External link:https://heinonline.org/HOL/Page?handle=hein.journals/afjincol4&id=847&collection=journals&index=journals/afjincol
Abstract:The United Nations Convention on Contracts for the International Sale of Goods, adopted at a diplomatic conference in Vienna in April 1980, came into force on 1 January 1988 after receiving the required number of ratifications and accessions. This paper examines the possible impact of the entry into force of the Convention in the southern African legal environment. In the Republic of South Africa and the surrounding independent States of Botswana, Lesotho, Namibia, Swaziland and Zimbabwe, the body of law commonly described as Roman-Dutch law is regarded as the applicable 'residual law' or 'common law'. The paper highlights the salient points of departure between the Convention and aspects of Roman-Dutch 'common law' pertaining to the formation and interpretation of contracts of sale. The discussion focuses on parts I and II of the Convention, which contain chapters on the Convention's sphere of application, general provisions on the interpretation of the Convention, and the formation of a contract of sale. The discussion shows that although there are significant points of departure between the Convention and principles of Roman-Dutch law, there is also a convergence of principles and ideas on most issues. However, the severe delineation of the Convention's sphere of application detracts from its potential as a primary source of law for international sales contracts. Notes, ref.