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Title: A comparative study of the principles of contract formation under the CISG and English common law in the light of desirability of accession to the CISG by the UK
Author: Rogowska, Anna
ISNI:       0000 0001 1255 0809
Awarding Body: University of Essex
Current Institution: University of Essex
Date of Award: 2012
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Is it feasible that the UK accedes to the CISG in the near future? What benefits can be derived from accession in the UK where an established and well-developed system of sales law exists already? The Convention is not free from shortcomings. It may have only little relevance in practice. Parties, also from the CISG contracting states, may often have little awareness of the Convention. Importantly, it is English law that plays a dominant position in cross border trade. However, accession may be nonetheless desirable for the UK. Potentially, many legal and economic advantages can be derived from choosing the CISG to govern international sales agreement. In certain circumstances, the CISG may offer a useful alternative to English law. Besides, a globalisation of trade, which is now a clear reality, has created demands for harmonisation of sales laws. The CISG, adopted by many states already, is an important element of the process of harmonisation. In light of the above considerations, it will be argued in this Thesis that accession to the CISG is desirable for the UK. In approaching the problem, focus will be made on practical aspects of accession to such uniform law as the CISG. Accordingly, arguments in favor of acceding and reasons against ratification in context of special legal, economic and social reality in the UK will be discussed. A study on desirability of accession requires comparative analysis of substantive provisions of the CISG and English law. For the purpose of this study, emphasis will be laid upon fundamental basis of a contract, i.e. offer and acceptance. Those rules will be examined in order to determine their compatibility with English law and efficiency for international sales transaction. It will be argued that similarities of the rules on contract formation demonstrate a growing international consensus in the field of international sales contracts. The UK should be a part of that consensus by adopting the CISG. Furthermore, it is suggested that teaching the CISG in undergraduate mandatory courses of law may contribute to changing the apparently negative attitude of English lawyers towards accession. Ultimately, it may influence the outlook in the UK regarding acceding. This assumption will be examined in light of empirical evidence, i.e. survey on attitudes of UK academics towards the international instruments of contract law conducted across the UK Schools of Law.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available