INCORPORATION OF STANDARD TERMS AND CONDITIONS IN THE CONTRACTS ON INTERNATIONAL SALE GOODS

Abstract

The issue of incorporation of standars terms and conditions in international sales transactions is very significant in legal practice, as evidenced by the large number of judicial and arbitral decisions. The huge problem is insufficient legislation in this field, as well as on national and international level. The regulation of the incorporation of the standard terms in the contract is usually ignored and interpreted under the offer and contract interpretation provisions.

Vienna Convention on the International Sale of Goods, one of the widely recognized legal sources in international sales, although does not provide for explicit rules as well, is suitable for extensive interpretation of its provisions. The extensive interpretation of the Convention provisions is the legal basis for theoretical analysis of this issue and, perhaps it would be used as general guideline for the legislator regarding the question of inclusion of standard terms.