El derecho de retención en la Convención de Viena sobre compraventa The Vienna Sales Convention, Milán, Giuffrè, Bennett, T. DE MERCANCIAS (Convención de Viena de ) indemnización de daños y perjuicios en la Convención de Viena (artículos 74 a 77) son. Nos referimos a la Convención de Viena de sobre compraventa internacional de mercaderías de 11 de abril de (en adelante.

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19980 is not necessary that the parties actually have a knowledge of these usages, as their enforceability comes from their generality, which clearly differentiates them from specific or conventional usages.

According to Calvo-Caravaca there are three hypothesis in which the need to prove the existence and content of the usages and practices could be envisaged Firstly, apart from anything contentious: A activation email has been sent to you.

Let’s connect Contact Details Facebook Twitter. The following also comments on this case: As such, Article 9.

A case was brought before the Austrian courts that involved a German seller plaintiff and an Austrian buyer defendant who entered into contract for the sale of wood. At the time, Professor Federico de Castro had already made some provisions for the draft bill on sales, and he had pointed out that mainstream uses are not applied because of their customary value, but because the parties incorporate them into the contract.

Vogenauer, Stefan, Article 1.

The opposite view of this opinion would state that the practices established between the contracting convenclon should prevail in this case. It should also be considered that unless otherwise agreed upon, the parties have made a usage that is tacitly applicable to the contract or to its formation, if it fulfills the requisites that are referred to later on in this paper. The normal acceptance of the payment deferment or a certain discount for prompt payment; the quality of the goods to be delivered; the use of a specific means of communication for placing orders; a certain tolerance in terms of deficiencies, either quantitative or qualitative, of the goods; the acceptance of an offer without communication with the offeror Article In order to better understand the requirement that the widely known usage is mandatory unless the application of the usage is not reasonable, 47 it is useful to refer to the explanation and illustration cnovencion is included in the official text of Article 1.


Una perspectiva europea y transnacional, When engaging in international business, they should have a knowledge of the usages or, failing this, find out about them. However, the usages addressed in 9. This allows the parties to determine the content of the contract as well as to either expressly or tacitly exclude the Convention and instead use cinvencion national law.

English pdf Article in xml format Article references How to cite this article Automatic translation Send this article by e-mail. Although this could lead to the opinion that they should be globally known, both the legal theory and the case law have affirmed that it is unnecessary for them to be known in every commercial area. Thirdly, in an arbitration case, under some laws and rules of arbitration, it is established that the arbitrators should take into consideration the prevailing usages in the sectors of economic activity of which they have knowledge.

El derecho de retención en la Convención de Viena sobre compraventa internacional de mercaderías

Widely known and regularly observed. The following are the requisites that Article 9 2 of the Convention indicates so as the trade usages have a value. Theory and Practice 2 nd ed. Additionally, there are rulings based on which the legal theory has established that in contracts for the international sale of goods that are governed by the United Nations Convention ofthe usages are accepted contra legem.

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The objective parameter to determine the existence of usages will be that which is regularly observed by those involved in the trade activity in question. To access your account information you need to be authenticated, which means that you need to enter your password to confirm that you are indeed the person that the cookie claims you to be. This paper is structured in the following way: Also, the effects the contract can have on the ownership of the sold goods are not included.


Flechtner, edited and updated, Wolters Kluwer, Alphen aan den Rijn, In this case, resulting from a lawsuit that was filed by the seller as a result of the buyer not paying for some of the deliveries that were agreed upon. An additional issue to which reference must be made is the possible conflict that has arisen between a contractual practice and conventional usages. Widely known and regularly observed In terms of the widely known requirement, this should in principle be understood in the sense that the usages should be international due to the fact that they refer to operations of that nature.

This is an open-access article distributed under the terms of the Creative Commons Attribution License.


The case was based on a contract of sale for 90 pizza boxes that was signed between a buyer defendant domiciled in Germany who was the proprietor of a pizzeria, and the seller, a manufacturer domiciled in Italy. For example, at loot.

The principle of party autonomy plays a leading role within these types of sources of law; this is recognized in Article 6 of the Convention in both a material and conflictual sense.