INTERNATIONAL COMMERCIAL LAW THE 1980 VIENNA CONVENTION PROFESSOR: JOSÉ LUIS LÓPEZ BLANCO COPYRIGHT

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Presentation transcript:

INTERNATIONAL COMMERCIAL LAW THE 1980 VIENNA CONVENTION PROFESSOR: JOSÉ LUIS LÓPEZ BLANCO COPYRIGHT REGISTRATION Nº REPRODUCTION FORBIDDEN May, 2015

Exporter Export permit CUSTOMS Importer Port unloading and pick-up Contract Embarkation portDestination port Applies for CD Payment of documentsForeign commercial bank Confirms and notifies CD Forwards shipping documents Pays shipping documents Chilean commercial bank Notifies CD Pre-shipment credit application Files shipping documents. Collects CD and pays pre-shipment credit Payment operations Cold packing Transport to port Payment to producers Maritime transport Delivery of documents

THE 1980 VIENNA CONVENTION 1.HISTORICAL BACKGROUND. 2.THE CONVENTION 3.SPHERE OF APPLICATION (ARTS. 1/6) -INTERNATIONAL SALES CONTRACT -EXCLUDED GOODS 4.FORMATION OF THE CONTRACT (ARTS. 14/24) -GENERAL SYSTEM - PROPOSAL -ACCEPTANCE -CONCLUSION OF CONTRACT -WITHDRAWAL OF OFFER -REVOCATION OF OFFER

THE 1980 VIENNA CONVENTION 5.INTERPRETATION AND GOOD FAITH (ARTS.7/13) 6.OBLIGATIONS OF THE SELLER (ARTS. 30/44) : - PREPARE FOR COMPLIANCE -DELIVER THE GOODS -CONFORMITY OF GOODS -PRESERVATION OF GOODS (ARTS.85) -PLACE OF DELIVERY -TIME FOR DELIVERY -DELIVER SHIPPING DOCUMENTS -CLASSES OF DOCUMENTS -TRANSFER PROPERTY

THE 1980 VIENNA CONVENTION 7.OBLIGATIONS OF THE BUYER (ARTS. 53/60) -PREPARE FOR COMPLIANCE (ART.54) -EXAMINE THE GOODS (ART.38) -RECEIVE THE GOODS -PAY THE PRICE 8.PASSING OF RISK (ARTS. 66/70) 9. RETENTION OF TITLE (DOCTRINE) -CONCEPT -VALIDITY IN CHILE -RELATION TO “STOPPAGE” 10. BREACH OF THE CONTRACT -GENERAL CONCEPTS -FUNDAMENTAL BREACH (ART.25) -OTHER TYPES OF CONTRACT BREACH -ANTICIPATORY BREACH (ARTS. 71/73)

THE 1980 VIENNA CONVENTION 11. REMEDIES FOR CONTRACT BREACH -DECLARATION OF AVOIDANCE -SPECIFIC PERFORMANCE -DAMAGES 12. THE “NACHFRIST” NOTICE (DOCTRINE) -THE GERMAN LAW -JURIDICAL EFFECTS (ARTS. 47/49.1.b)/63/64 1.b)) 13. DECLARATION OF AVOIDANCE (ARTS. 26/45/49/61/64/81) -REQUIREMENTS -PROCEDURE

THE 1980 VIENNA CONVENTION 14. SPECIFIC PERFORMANCE WITHIN THE CONVENTION (ART.28) -AS COMPARED TO THE ANGLOSAXON LAW -ORIGIN OF THE CONVENTION’S STANDARDS -REQUIREMENTS 15. OTHER LEGAL ACTIONS IN CASE OF CONTRACT BREACH -DELIVERY OF OTHER MERCHANDISE (46.2) -COMPENSATION (46.3) -THE RIGHT TO CORRECT FAULTS (48.1) -PRICE REDUCTION (50) -PARTIAL DELIVERY (51) -ANTICIPATED DELIVERIES (52.1) -MAJOR DELIVERIES (52.2)

THE 1980 VIENNA CONVENTION 16.REMEDIES UPON ANTICIPATORY BREACH (ART.71/73) - CONCEPT OF ANTICIPATORY BREACH -LACK OF COMPLIANCE FOR READINESS -CONCEPT OF “MANIFEST” -SUSPENSION OF PERFORMANCE -OBLIGATION TO NOTIFY -STOPPAGE ACTIONS -“CLEAR-CUT” ESSENTIAL NON- COMPLIANCE 17. DAMAGES (ARTS. 74/77) 20. INTEREST (ART.78) 21. EXEMPTIONS (ARTS. 79/80)