The Art 35 of the 1980 United Nations Convention
of Contracts for the International Sale of Goods states
that
«(1) The seller must deliver goods which are
of the quantity, quality and description required
by the contract and which are contained or packaged
in the manner required by the contract.
(2) Except where the parties have agreed otherwise,
the goods not conform to the contract unless they:
(a) are fit for the purposes for which the goods
of the same description would ordinarily be used;
(b)
are fit for any particular purpose expressly or
impliedly made known to the seller at the time of
conclusion of the contract, except where the circumstances
show that the buyer did not rely, or that it was
unreasonable for him to rely, on the seller's skill
and judgement;
(c)
possess the qualities of the goods which the seller
has held out to the buyer as a sample or as a model;
(d)
are contained or packaged in the manner usual for
such goods or, where there is no such manner, in
a manner adequate to preserve and protect the goods.
(3) The seller is not liable under sub-paragraph
(a) to (d) of the preceding paragraph for any lack
of conformity of the goods if at the time of the conclusion
of the contract the buyer knew or could not have been
unaware of such lack of conformity.»
This study will focus on the meaning of the term «non-conformity»
as understood by Article 35 of the Convention, (the
CISG), and on providing an overlook of case law in its
application. Also the solutions adapted by certain domestic
legal systems are studied.
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