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Summary

This chapter examines the contract of sale which is governed by Articles 184–236 of the Swiss Code of Obligations. This chapter commences with the sources of this contract, its definition and characteristic elements, as well as the various types of this contract. This chapter then moves on to discuss the formation of the contract of sale before discussing in detail the obligations of the seller, namely the obligation to deliver the object and to transfer ownership to the buyer, and the buyer’s obligation to pay the price. This chapter further explores the non-performance of the buyer’s and seller’s obligations as well as the passing of risk with particular emphasis on the seller’s warranty of title and warranty of conformity. This chapter finally focuses on the sale of real property as well as how international sales contracts are dealt with under Swiss law.

The integration of sustainable development goals in the international sales contracts of biofuels highlights a new role for international contract law. This article examines how the substantive rules of the UN Convention on International Sale of Goods (CISG) may contribute to the implementation of sustainable development and the applicability of the “sustainability clauses.” The contracting parties, including the final buyers of a global supply chain have the right to demand enforcement of these contractual clauses. However, the CISG is limited as to the legal effects international contracts have for third-parties that benefit or are interested in the sustainable development of biofuels. In this context, the contractual tool used in the international trade of sustainable products becomes not only useful but also indispensable.

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4 - Contract of Sale

Summary

La contribution limitée de la Convention des Nations Unies sur les contrats de vente internationale des marchandises pour l’application des “clauses de durabilité” des biocarburants

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4 - Contract of Sale

Summary

La contribution limitée de la Convention des Nations Unies sur les contrats de vente internationale des marchandises pour l’application des “clauses de durabilité” des biocarburants