Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

The Notice Requirement of Article 39 and Islamic Law: Developed vs. Developing Countries

The Notice Requirement of Article 39 and Islamic Law: Developed vs. Developing Countries Abstract Article 39 of the United Nations Convention for the International Sale of Goods, 1980 (CISG) requires a buyer to notify the seller within a reasonable time of any non-conformity. This requirement has been advanced by courts and applied mostly in favour of the developed countries by adopting a strict interpretation of Articles 39 and 44. This interpretation should be revisited, taking into consideration certain circumstances within some developing countries, e.g., observance to Islamic law and the lack of sophistication of many buyers as to regulations for international commerce. Although the provisions in Article 39 are not uncommon in several developing countries and under Islamic law, during their implementation, however, courts may neglect the Article’s legislative history and intent to uniformity and flexibility. Such strict interpretation may deter developing countries from participating in and benefiting from the CISG. A more contextual interpretation of these Articles will not contradict Islamic law. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arab Law Quarterly Brill

The Notice Requirement of Article 39 and Islamic Law: Developed vs. Developing Countries

Arab Law Quarterly , Volume 26 (4): 481 – Jan 1, 2012

Loading next page...
 
/lp/brill/the-notice-requirement-of-article-39-and-islamic-law-developed-vs-tUwdIdYwN2

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
© Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0268-0556
eISSN
1573-0255
DOI
10.1163/15730255-12341244
Publisher site
See Article on Publisher Site

Abstract

Abstract Article 39 of the United Nations Convention for the International Sale of Goods, 1980 (CISG) requires a buyer to notify the seller within a reasonable time of any non-conformity. This requirement has been advanced by courts and applied mostly in favour of the developed countries by adopting a strict interpretation of Articles 39 and 44. This interpretation should be revisited, taking into consideration certain circumstances within some developing countries, e.g., observance to Islamic law and the lack of sophistication of many buyers as to regulations for international commerce. Although the provisions in Article 39 are not uncommon in several developing countries and under Islamic law, during their implementation, however, courts may neglect the Article’s legislative history and intent to uniformity and flexibility. Such strict interpretation may deter developing countries from participating in and benefiting from the CISG. A more contextual interpretation of these Articles will not contradict Islamic law.

Journal

Arab Law QuarterlyBrill

Published: Jan 1, 2012

Keywords: United Nations Convention for the International Sale of Goods, 1980 (CISG); Islamic law; notice requirement; sale of goods; international sales

There are no references for this article.