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

Germany

Effective date: 1 January 1991

Declarations and reservations: None. Germany has, however, filed remarks on the CISG.

Germany has advised that it holds the view that parties to the CISG that have made a declaration under article 95 are not considered Contracting States within the meaning of subparagraph (1)(b) of article 1 of the CISG and that Germany assumes no obligation to apply this provision when the rules of private international law lead to the application of the law of a party that has made a declaration to the effect that it will not be bound by subparagraph (1)(b) of the CISG.

Comments: This is an interpretation, not a declaration authorized by the CISG. It addresses only the situation in which there is a contract between parties, one with his relevant place of business in a country which has taken an Article 95 declaration and the other in a country not a party to the CISG. Germany's position that if rules of private international law point to the law of the country which has taken the Article 95 declaration, the applicable law is that country's domestic law -- not the CISG. Tribunals of all countries are likely to so interpret Article 95 declarations. See the Cross-reference editorial analysis of Article 1 for further comments on Article 1(1)(b) and Article 95 declarations.

Historical data: The CISG had entered into force for the former German Democratic Republic on 1 March 1990.


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