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

Denmark

Effective date: 1 March 1990

Declarations and reservations: Denmark had filed declarations under Articles 92, 93 and 94. “On 2 July [2012], Denmark completed the process to become a party to Part II of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This action takes effect on 1 February 2013, and, from that point forwards, Denmark will apply both CISG Part II, which covers the formation of contracts, and CISG Part III, which covers the obligations of buyers and sellers. This development will not affect the exclusion of the CISG in situations where all contracting parties have their places of business in the five Nordic States (Denmark, Iceland, Finland, Norway and Sweden).” <http://www.unis.unvienna.org/unis/pressrels/2012/unisl168.html>

Historical editorial comments (dated pre-July 2012):

"Denmark will not be bound by Part II of this Convention."

Comments: This is an authorized Article 92 declaration. CISG provisions on Formation of the Contract do not apply if one of the parties to a contract has his relevant place of business in Denmark. The Scandinavian countries are the only countries that have filed Article 92 declarations. [See entry on Article 92 for further data on Article 92 declarations.]

In October 2009, the Ministries of Justice of Denmark, Finland and Sweden) announced that their countries would adopt Part II by withdrawing their long-standing Article 92 declaration. Norway is also considering this. By virtue of the six-month rule in Article 97(4), it is unlikely that the States concerned will become true "Part II Contracting States" before 2011, even though Part II sometimes applies to these States. See <http://cisgw3.law.pace.edu/cisg/biblio/lookofsky1.html>.

"Under paragraph (1) of article 93, Denmark declares that the Convention shall not apply to the Faroe Islands and Greenland."

Comments: This is an authorized Article 93 declaration. Territorial restrictions are as stated. [See entry on Article 93 for further data on Article 93 declarations.]

"Under paragraph (1) cf. paragraph (3) of article 94, Denmark declares that the Convention shall not apply to contracts of sale where one of the parties has his place of business in Denmark, Finland, Norway or Sweden and the other party has his place of business in another of the said States. Under paragraph (2) of article 94, Denmark declares that the Convention is not to apply to contracts of sale where one of the parties has his place of business in Denmark, Finland, Norway or Sweden and the other party has his place of business in Iceland."

Comments: This is an authorized Article 94 declaration. It restricts the application of the CISG in the Nordic countries indicated. [See entry on Article 94 for further data on Article 94 declarations.]

For additional information on these subjects, go to Introduction to CISG in Denmark


Pace Law School Institute of International Commercial Law - Last updated October 10, 2014
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