Formation Of Contracts Under CISG

Introduction

The United Nations Convention on Contracts for the International Sale of Goods ("CISG") regulates the formation of contracts under Part II, Articles 14 to 24. Articles 11, 13 and 29 also provide insight for formation of contracts. In general terms, with regard to contract formation, the CISG adopted the 'traditional' concept of contractual obligations, similar to Turkish and Swiss Law of Obligation principles. Both Turkish and Swiss laws provide that contracts shall be formed as a result of two declarations of intent - offer and acceptance.

In the doctrine it is accepted that in cases where complex negotiation processes have taken place, and where it is difficult to distinguish between offer and acceptance, substantive consensus can generate solutions, and the CISG will establish the scope of application¹.