The CISG and European Private Law: When in Rome, Do as the Romans Do

The greatest success of the Convention on Contracts for the International Sale of Goods (CISG) is probably the strong influence it has exerted on law reformers both at the domestic and the international level. Since its coming into force, there have been significant reforms of European private law through harmonization efforts of the European Union and legislative activities of its Member States. This article shows that there is a strong trend for their modernizations in the area of sale of goods and contract law to follow the solutions found under the CISG, especially concerning the definition of non-conformity and damages based on strict liability coupled with a foreseeability requirement. There are also occasional improvements like the exemption for impediments beyond the obligor’s control barring both damages and explicitly also specific performance or the open recognition of gain-based damages. Still, some departures from the solutions of the CISG need to be criticized, amongst others narrow definitions of the concept of sale of goods, the foreseeability limitation for damages not applying in cases of gross negligence or fraud, and separate provisions for cases of hardship.