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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Vienna Sales Convention of 1980 and sales law of southern Africa
Author:Ng'ong'ola, ClementISNI
Periodical:African Journal of International and Comparative Law
Geographic term:Southern Africa
Subjects:international agreements
External link:https://heinonline.org/HOL/Page?handle=hein.journals/afjincol7&id=239&collection=journals&index=journals/afjincol
Abstract:In an earlier article in this journal (vol. 4, pt. 4 (1992), p. 835-853), the author discussed parts I and II of the Vienna Sales Convention of 1980 which was adopted on January 1, 1988. The present paper examines part III of the Convention, which deals with the obligations, rights and remedies of parties to contracts of sale. After recalling some of the salient and controversial features of domestic sales law in southern Africa, which is derived from 'Roman-Dutch law', the article reviews the provisions of part III of the Convention, highlighting the comparable features of the Convention and southern African sales law. On the whole, there appears to be a great degree of resemblance between the Convention and domestic sales law in southern Africa. Not only the definitions and essentials of a contract of sale, but also the obligations of both parties and the principal remedies for breach of contract, notably performance, avoidance and damages, as described in the Convention are comparable to domestic law. Where the Convention departs from domestic law, the result would generally amount to an improvement upon the comparable domestic law position. In conclusion, the author recommends the adoption of the Convention by the 'Roman-Dutch law' jurisdictions of southern Africa. Notes, ref.