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Sena & Berton Moreno | 75º Aniversario - Desde 1938 - Abogados - Agentes de la Propiedad Industrial | Newsletters Nº:02 Septiembre, 2013
Brazil
The country joins the CISG. On 2014 the Convention will be in force.

On April 1st 2014 the UN Convention on Contracts for the International Sale of Goods (CISG) will be in force in Brazil. This country will be the 80th State joining this Convention whose Members represent more than 90% of the world trade.

CISG has been one of the pillars supporting international trade, unifying the main aspects of the contract that binds the parties of an international sale of goods. Its considerable global acceptance is due to the fact that CISG has proved to be an adequate, fair and equilibrated instrument for this purpose regulating distant sales.

One of the most remarkable features of CISG is having obtained a neutral language, a true lingua franca, that obliges the interpreter to necessarily set aside any domestic solution, searching a uniform international interpretation. This can be seen in more than two thousand five hundred decisions available in several databases around the world that help the judge, attorney or interpreter to maintain a very much appreciated international coherence.
CISG is a self-executing treaty and does not require being adapted into domestic legislation, being immediately applicable. That means that in Brazil unless the parties expressly excluded CISG from their contract, it will be applicable before the civil and commercial code. This feature of the CISG may surprise the party ignoring it, because if the contract declares Brazilian law applicable, it will be CISG and not Brazilian domestic law the one applicable to the contract.

The absolute freedom of forms recognized by CISG is specially apt for new modalities for concluding contracts between absent parties, by phone or any electronic contact. This point could be seen as a major success of CISG allowing countries with different legal traditions such as Continental Law, Common Law, hybrid forms or even Islamic Law to meet in an apt and uniform legal system.
CISG does not solve all the issues concerning the international sale of goods. The validity of the contract, the capacities of the parties, or the effects that the contract may produce on goods ownership are not included within the CISG. However, these are not features that usually require major concern from the parties.
In 2014 Brazil will be making its first experiences with CISG.

Author: Alberto L. Zuppi
law@sbm.com.ar
Rivadavia 611, 5º Piso C100AAE Capital Federal Buenos Aires, Argentina.
Tel.: 4342-6809 / 5796 o 4331-7760 / 1192 / 7358 / 7316 / 0794
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