5. Will the Vienna Convention govern all aspects of the transaction and every detail in the relationship between buyer and seller, or is there any aspect where domestic law (law of either the seller or the buyer's country) comes in and should be considered?

There are very important aspects of an international sales contract that are not regulated by the CISG, and one must rely on domestic law. These include:

· CISG is not concerned with the VALIDITY of the contract, its provisions, or any usage. This means that in order to examine the capacity of the parties who entered into a contract, or to determine whether a party was induced into signing a contract by fraud, domestic law is going to be looked upon by a court if a controversy should arise.

· CISG excludes questions of effect on PROPERTY. As such, a third party who claims to have an interest in the goods that are sold, is going to have to rely in domestic law to find relief. Buyer is also going to have to look upon that area of domestic law which governs his situation in regard to that third party who could claim a "better" right in the goods sold.

· The CISG does not apply to the LIABILITY of the seller for death or personal injury caused by the goods to any person. A very serious question is indeed the case of torts law and liability. Like we said earlier (2), torts law in Mexico differs quite a lot than that from common law jurisdictions, and therefore should be considered.

<- Back