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Reproduced with permission from the Cornell Review of the Convention on Contracts for the International Sale of Goods (1995) 51-94

excerpt from

Judicial Interpretation and Application of the CISG in Germany 1988-1994

Martin Karollus [*]

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Article 8

The CISG does not address agency issues [LG Hamburg 26 September 1990; KG Berlin 24 January 1994],[101] and this gap has to be filled according to Article 7(2). Practically, this will lead to the application of national law. However, the LG Hamburg noted that, while agency is not determinable under the CISG, the subjective intent of the contracting parties is a matter of interpretation and therefore governed by Article 8 [LG Hamburg 26 September 1990].[102] The other requirements of agency, namely the authority to represent, are not governed by the CISG.

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FOOTNOTES

* Professor of Law at the University of Bonn, Germany, from 1992 to February 1995. Currently, Professor of Law at the University of Linz, Austria. Address: Institut für Handels-und Wertpapierrecht, Universität Linz, A-4040 Linz-Auhof, Austria, Europe.

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101. See Judgment of Sept. 26, 1990, LG Hamburg, 1991 IPRax at 401; Judgment of Jan. 24, 1994, KG Berlin, 1994 RIW at 683; Honnold, supra note 1, § 66 ("The Convention does not address the complex issues that underlie questions of agency and authority.").

102. Judgment of Sept. 26, 1990, LG Hamburg, 1991 IPRax at 401.

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Pace Law School Institute of International Commercial Law - Last updated August 16, 1999
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