[19] Commentary on the Draft Convention on Contracts for the International Sale of Goods, www.cisg.law.pace.edu/cisg/biblio/windship2.html, (date of access: 28.12.2018). [17] Commercial Court of Zurich, 17.02.2000, HG980472, cisgw3.law.pace.edu/cases/000217s1.html, (access date: 28.12.2018). Article 11 waives any formal requirement, whether it is a right or a procedural right of substance or evidence. So there is no room for a « rule of proof of speech » or a national law on fraud. However, States could make a reservation to article 11, thus putting an end to freedom of form in favour of national formal requirements. [27] However, the question as to which national law governs the form is as follows: the modalities of the State subject to reservation or the law of contractual form, determined by the conflict of forum rules? This last point is the prevailing opinion and judicial practice in Europe. Therefore, in the case of a contract between a New Zealand party and a Chinese trader — China has entered a reservation under article 96 that article 11 is not applicable — it is worth asking what law governs the form of contracts under the forum`s conflict-of-laws rules. It is advisable to have a clear agreement on this in the treaty itself. [12] Arbitration Russian Federation, 16.12.2009, VAS-13520/09, cisgw3.law.pace.edu/cases/091216r1.html, (access date: 28.12.2018); Handelsgericht Zürich, 26.04.1995, HG920670, cisgw3.law.pace.edu/cases/950426s1.html, (access date: 28.12.2018) and 17.02.2000, HG980472, cisgw3.law.pace.edu/cases/000217s1.html (access date: 28.12.2018); Peter, Huber/Mullis, Alastair: The CISG, a new textbook for students and practitioners, 2007, p. 45. [13] Arbitration Russian Federation, 16.12.2009, VAS- 13520/09, cisgw3.law.pace.edu/cases/091216r1.html, (access date: 05.05.2017). [6] Erdem, p.

200; Schroeter, Ulrich G.: Vienna Sales Convention: « Applicability to `Mixed Contracts » and Interaction with 1968 Brussels Convention, 5 Vindobona Journal of International Commercial Law and Arbitration (2001), pp. 74-86, www.cisg.law.pace.edu/cisg/biblio/schroeter1.html, (date of access: 28.12.2018). [22] Kreisgericht Bern-Lampen, January 29, 1999 CISG-online No. 701 (last accessed June 26, 2005), rightly criticized by Frederike Schäfer « On the Applicability of UN Sales Law to Factory Delivery Contracts » International Trade Law 2003, 118-21. [26] See CISG Advisory Committee « Contracts for the Sale of Goods to Be Manufactured or Manufactured and Mixed Contracts (Article 3 CISG) » CISG-AC Opinion 4 (last accessed June 18, 2005). Although I am not able to detail the content of the convention, I will try to sketch out its basic structure, because I am convinced that its success is due, at least in part, to the simplicity of this structure, which also allows the uninitiated to access it easily. While Part I of the Convention defines the conditions of application referred to in the previous section, Part II deals with the conclusion of contracts according to traditional models of offer and acceptance. In Part III, but belonging to Part II, Article 29 is the provision relating to the modification and termination of the contract by agreement that allows, for example, partial declassifications without consideration. .

. .