INTERPLAY BETWEEN ARTICLE 14 AND ARTICLE 55 OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG)

Abstract

The paper focuses on the possibility of concluding contracts for the international sale of goods under the CISG when the price is not determined. The paper analyzes a contradiction between Article 14 of CISG which clearly sets the rule that offer must determine prices, which further implies the impossibility of acceptance of the offer when this element is not defined. From the other side, the Convention under Article 55 still contains dispositive rule of determining prices with the contracts that are validly concluded with no further provisions on this. These two opposing articles create a dilemma in terms of their common sense when interpreted in light of the fact that the CISG is uniform, meaningful and non-contradictory convention.