ERDEM-NEWSLETTER-2018-metin

Is the Convention on Contracts for the International Sale of Goods (CISG) Applicable to Contracts for Work?* Prof. Dr. H. Ercument Erdem Introduction The scope of application of the Convention on Contracts for the International Sale of Goods (“CISG” or “Convention”), which has been approved by law numbered 5870 1 , and acceded to on 7 July 2010, with regard to contract types, is set forth under Article 3 of the CISG . This Article elaborates upon the application of the provisions of the CISG to contracts having the characteristics of contracts for work. In General Under Article 207 of the Turkish Code of Obligations (“TCO”), a contract of sale is defined as a contract where the seller is obliged to sell and transfer the ownership and the possession of goods to the buyer; whereas, the buyer undertakes to pay the sales price. On the other hand, under a contract for work, the contractor undertakes to perform certain, specified work; whereas, the principal undertakes to pay the contract price, in exchange, as regulated under Article 470 of the TCO. Further, contracts where one of the parties undertakes to fulfill characteristic obligations of different contracts, and the other * Article of December 2018 1 OG. 14.04.2009, No. 27200.