CISG: participating countries - Chile Go to Database Directory || Go to List of Contracting States

Chile

Effective date: 1 March 1991

Declarations and reservations: Chile has filed an Article 96 declaration.

"The State of Chile declares, in accordance with articles 12 and 96 of the Convention, that any provision of article 11, article 29 or Part II of the Convention that allows a contract of sale or its modification or termination by mutual agreement or any offer, acceptance or other indication of intention to be made in any other form than in writing, does not apply where any party has its place of business in Chile."

Comments: This is an authorized Article 96 declaration. A consequence of Article 12, among other provisions of the CISG, is that the CISG supersedes otherwise applicable requirements of form to conclude a contract for the sale of goods. A Contracting State that does not desire this files an Article 96 declaration.

The Civil Code of Chile includes the classical rule that contracts beyond a certain small amount cannot be proven by witnesses. However, for commercial contracts the Commercial Code qualifies this statement: Article 28 of the Commercial Code of Chile is amenable to oral commercial contracts as it states that testimonial proof is admissible to establish any commercial contract, unless the law requires a notarial act for its conclusion -- which is not the case for sales of goods.


Pace Law School Institute of International Commercial Law - Last updated January 22, 1998
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