1 Department of Business Law, Aarhus School of Business, Aarhus BSS, Aarhus University2 Department of Law, Aarhus BSS, Aarhus University3 Department of Law, Aarhus BSS, Aarhus University
The purpose of this article is twofold: namely to analyse the battle between the principles of caveat venditor and caveat emptor and to analyse the relationship between Article 35 and the contract law as background law and as a competing set of rules. The aim is to illustrate whether or not Article 35 creates uniform rules on the conformity of goods in international sales. The article first discusses the basic principles of Article 35. Then, the relationship to supplementary and competing rules is discussed. The article then analyses how theory and practice generally have seen Article 35 as an independent concept. Following this, the battle between caveat venditor and caveat emptor is described through an analysis of Art. 35(2)(a) and Article 35(3). Finally, the paper ends up concluding that the Article 35 operates in an area of tension between differing doctrines and rules of the law of obligations, so there is sometimes conflict and thus uncertainty about the application of Article 35. This is unquestionably a problem to achieving uniform application of the provision.
Nordic Journal of Commercial Law, 2004, Vol 1, Issue 1, p. 1-21