THE LEGAL NATURE OF THE CISG PROVISIONS FROM THE PERSPECTIVE OFROMANIAN PRIVATE INTERNATIONAL LAW

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is the main uniform substantive regulation at international level, applicable to commercial sales with a foreign element, and, according to Art. 1, point 1, it becomes applicable when the parties are domiciled in different contracting states or when the rules of private international law lead to the application of the law of a contracting state. Since, in the case of legal relationships with a foreign element, the application of the substantive rules is usually subsequent to the conflict rules, the correlation between the provisions of the CISG and the rules of private international law (the conflict rules) is obvious in the second mentioned hypothesis. Instead, the situation is not as simple in the first hypothesis as long as the application of the provisions of the CISG no longer presupposes the prior incidence of the conflict rules. Starting from this observation, the present scientific approach aims to qualify the provisions of the CISG in order to place them in the mechanism for determining the applicable law established by the rules of private international law. The research has as its starting point the rules of Romanian private international law, but its conclusions have the vocation to be extended to other legal systems that embrace the same legal concepts.