The Obligation of Delivery of the Seller in the International Contract of Sale of Goods According to the Vienna Convention of 1980 - Analytical & Comparative Study

This thesis dealt with the seller's obligation to extradite on the contract for the international sale of goods in accordance with the Vienna Convention of 1980, an analytical study of the obligation to extradite in the Convention in accordance to the Hague Convention 1964 whenever needed. The Vienna Convention has regulated this obligation as the material element of the seller's obligations. It is not the transfer of ownership of the sale that concerns the contracting parties to the international sale contract but the fulfilment of the seller's obligation to deliver the sale. Therefore, delivery under the international sales contract is the placing of the goods at the disposal The buyer and enable him to control and benefit from the intended use of it without diverting Hail without it. Therefore, delivery within the framework of the international sale contract is the placing of the goods at the buyer's disposal and enabling him to control and make use of the intended use without preventing it.The seller has an obligation to deliver the goods and their special documents, and the delivery must be made in accordance with the agreement at the specified time and place unless the parties agree otherwise. The seller must deliver goods identical to those agreed in terms of quantity or quality, as well as in terms of packaging and packaging. The Convention has been determined at the time of the availability of conformity at the time of the transfer of the loss. The goods sold in the place of delivery are the primary objective of the contract of sale. International conventions require that the place of delivery be sufficiently assigned to indicate that the goods are the subject of the contract and that in order for the seller to prepare for its full delivery obligation it must deliver the same quantity agreed upon in the contract without reduction or increase.The obligation to conform is assigned to an undertaking by the seller to provide the goods and their documents in accordance with the contract and the applicable law. The Vienna Convention on the International Sale of Goods applies only to the sale of goods, ie, the sale of movable property rather than real estate, as is evident from its title. The seller has an additional obligation required by the nature of the sale: the seller's obligation to appoint the seller. Privatization is the first phase of delivery of goods more frequently than the word "secretion" in the field of international trade law, meaning secrecy in the field of civil law.For the conformity, the Vienna Convention regulates how the goods are considered identical and the seller's right to repair the defect of conformity under certain conditions, and the duty of the buyer to inspect the sale either before or after the transfer, and the seller must notify the buyer of the non-conformity within a reasonable period of discovery of the defect or of the time it should have discovered it. The seller must deliver goods free of any right or claim to others, otherwise, it would be in breach of its obligation to deliver and the buyer is guaranteed to the entitlement of these goods to others unless the buyer agrees to take the goods with such a right or claim and thus waives his right In warranty.The Convention has imposed certain penalties on the seller who is in breach of his obligation to extradite, and these penalties are either original, such as in-kind implementation, termination and reduction of the price, and maybe complementary, such as compensation and interest, if the conditions of any of these sanctions are met, They can be combined with compensation. If the purchaser uses any of the original penalties to return to the seller, it does not lose its right to claim damages under the Convention. The buyer may give the seller an additional period of reasonable duration to carry out its obligation and, prior to the expiry of this period, His agreement only if the seller has received notice from the buyer not to execute in this period. The buyer is entitled to use the termination penalty whenever the failure of the seller to perform the delivery obligation constitutes a material breach. The agreement permits termination, especially if the seller does not deliver the goods in the reasonable additional period specified by the buyer or the seller declares that he will not deliver them during that period. Since the Vienna Convention established sanctions when the seller breached its obligation to extradite, it specified in its provisions certain cases under which the seller was exempt from contract liability if it was proved that there were certain reasons for the breach, either because of an impediment to the execution or due to the act of the injured party (the creditor) or the act of others, as well as under the express agreement between the parties to the exemption.The Convention also regulated one of the issues of paramount importance in contracts for the international sale of goods, namely, the transfer of risk or "liability for loss" from the seller to the buyer. The parties may regulate the matter in their contract either by explicit provision or by the use of a commercial term, In this regard, the Convention has linked the loss of goods to their delivery. Delivery is considered as the basis for the transfer of risks. In international sales, the basis for risk or loss must be built on delivery, not on the transfer of ownership alone. International agreements did not regulate the issue of transfer of ownership This study deals with the obligation of the seller of delivery in the international contract of sale of goods according to the convention of Vienna of 1980. It is an analytical study of obligation of delivery with the comparison of Hague convention of 1964 when this comparison is necessary. In fact, the Vienna convention organized this obligation as far as it is the important material element of sale in the obligation of the seller. What is important for the contracting parties in the international contract of sale is not the transfer for ownership, but the honnour the obligation of delivery of goods. Therefore, within the frame of the international contract of sale the delivery is to put the goods under the disposal of the buyer and enabling him to control them and make use of them. Of course, the seller has his own obligation to deliver the goods with all the required documents. Delivery must take place according to an agreement about the time and the place unless there is another agreement. Moreover, the seller must deliver the goods according to the agreed specifications, there quantity and there quality and packaging them. The convention precise the time of transfer with the terms of delivery. As for the place of delivery, it is the ultimate objective of the contract. Thus, the convention insists on the determination of the place of delivery. This means that the seller has honoured his obligation completely as far as he delivered the required quantity as specified by the contract. The obligation of the seller contains also giving all the goods with the notes and documents according to the contract and to the applicable law. We should bear in mind that the convention of Vienna is applied only to the selling of movable and not immovable. Another obligation is put on the part of the seller namely specifying what he sells. This is considered as the first step in the process of delivery. The convention of Vienna put all the agreement of the obligation of conformity and the right of the seller to mend any defect of conformity according to certain conditions and the duty of the buyer to examine what is sold before or after transporting it. The seller must inform the buyer within certain duty from the time, he has discovered the defect. In return, the seller must deliver his goods in a way, which satisfies the buyer. Otherwise, he will be accused of violation of his obligation. Certain sanctions are imposed by the convention of the part of the seller who violated his obligation concerning his delivery. These sanctions might be original as execution and annulation and reduction of price or it might be complementary as the compensation and interest, when all the conditions are met. In fact, it is not possible to mix these sanctions with the compensation when the buyer uses on of these sanctions he will not lose his right to ask for any compensation according to the convention. Moreover, the buyer has the right to put a supplementary delay for the seller in order to respect his obligation and honour it. He will not be able to use these sanction before the extinction of the delay when the seller received and announcement from the buyer because of not executing it during this period. On the other hand, the buyer has the right to use the sanction of annulation when the seller fails in delivering, this will be considered as one of the fundamentals violation. The convention will allow the annulation if the seller does not deliver the goods during the supplementary delay determined by the buyer of the seller declares that he will not deliver the goods during that period. When the convention of Vienna has put sanctions in case of any violation from the part of the seller it specifies certain cases exonerating the seller from the responsibility when he justifies that violation and gives certain reasons leading to that violation either there is an obstacle preventing him from execution or because of the victim (or the third part according to explicit agreement between the two parties) concerning the exoneration, the convention arranges one of the most important questions in the contract of sale namely the transfer of risks. In this concerned, the two parties might reach an agreement by explicit text. In this case, the agreement may contain certain rules about this subject. The delivery is important for the transfer for risks. In the international sales, the transfer of risks must be taken into consideration and not the transfer of ownership, this is due to the fact that the international convention never concern with the transfer on ownership.