The CISG in Denmark and Danish Courts

TY - JOUR

T1 - The CISG in Denmark and Danish Courts

AU - Lookofsky, Joseph

N1 - Professor Lookofsky is a native of New York, USA, where he studied American law (J.D. New York University) and became a Member of the New York State Bar. He began his professional career as in-house legal counsel for United Artists Corporation. He came to Denmark in 1973, studied Danish law (cand.jur. 1981 University of Copenhagen), and joined the University Law Faculty in 1981. He defended his doctoral (dr.jur.) thesis (Comparative Law in Comparative Context) in 1989 and was appointed to his chair in the Law of Obligations in 1992.

PY - 2011

Y1 - 2011

N2 - In this article the author explores key aspects of Denmark’s reception and implementation of the 1980 United Nations Convention on Contracts for the International Sales of Goods (CISG). Placing the treaty within its larger private law context, the author explains the complexity and confusion created by Denmark’s refusal to ratify Part II of the Convention that regulates sales contract formation. The author then proceeds to investigate Denmark’s obligation to have regard to the international character of the Convention and the need to promote uniformity in its application, underlying the problematical relationship between these international obligations and the Danish judicial tradition of formulating premises so brief that they shed little light on the decision’s underlying rationale ( ratio decidendi ). Following analysis and critique of three Danish CISG court judgmentswhich help illustrate these propositions, the author proposes corrective steps designed to further a more international (and less parochial) approach to the CISG.

AB - In this article the author explores key aspects of Denmark’s reception and implementation of the 1980 United Nations Convention on Contracts for the International Sales of Goods (CISG). Placing the treaty within its larger private law context, the author explains the complexity and confusion created by Denmark’s refusal to ratify Part II of the Convention that regulates sales contract formation. The author then proceeds to investigate Denmark’s obligation to have regard to the international character of the Convention and the need to promote uniformity in its application, underlying the problematical relationship between these international obligations and the Danish judicial tradition of formulating premises so brief that they shed little light on the decision’s underlying rationale ( ratio decidendi ). Following analysis and critique of three Danish CISG court judgmentswhich help illustrate these propositions, the author proposes corrective steps designed to further a more international (and less parochial) approach to the CISG.

KW - Faculty of Law

KW - cisg, international sales, courts

M3 - Journal article

SN - 0902-7351

VL - 80

SP - 295

EP - 320

JO - Nordic Journal of International Law

JF - Nordic Journal of International Law

IS - 3

ER -