ERDEM-NEWSLETTER-2018-metin
242 NEWSLETTER 2018 Provisions to be applied to Mixed Contracts As stated in the Commentary on the Draft Convention of 1980 19 , with regard to mixed contracts that are subjected to the CISG, the ap- plication of the Convention is limited to the obligations, claims, and disputes regarding the sales of goods; whereas, the claims and disputes regarding the obligation to perform certain work that is undertaken by the party obliged to provide the goods, would be governed by the governing domestic law. Conclusion In accordance with our explanations regarding Articles 3(1) and 3(2) of the CISG, contracts for work are not subjected to the CISG, in principle. However, in mixed contracts, where the party obliged to provide the goods also undertakes to perform other obligations regard- ing contracts for work, would be subjected to the CISG, if the prepon- derant part of the seller’s obligation is not the performance of work. Manufactured or Produced and Mixed Contracts (Article 3 CISG); Loewe, Ro - land : “ The Sphere of Application of the UN Sales Convention ”, Pace International Law Review, Vol. X (1998), p. 79-88, http://www.cisg.law.pace.edu/cisg/biblio/ Loewe.html, (Access date: 19.12.2018). 19 Commentary on the Draft Convention on Contracts for the International Sale of Goods, http://www.cisg.law.pace.edu/cisg/biblio/windship2.html , (Access date: 28.12.2018).
Made with FlippingBook
RkJQdWJsaXNoZXIy MjUzNjE=