Browsing by Author "Carpelan, Isabel"

This analysis introduces a comparison between the Scandinavian sales laws, especially in the light of damages, in order to reach a conclusion on how closely related Scandinavian sales laws are. The rationale is the further aim to be able to discuss the criticism regarding the Scandinavian countries' restriction in accordance with Article 94 of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and if said criticism is justified or not in the light of damages, and if so, on which grounds. The restriction in question can be made when the legal systems are closely related and by virtue of it, sales between the legal systems in question – in this case the Scandinavian countries – will be regulated by national legislation and not by the CISG. To reach an in-depth conclusion as to how closely related the Scandinavian sales laws are, I studied the development of the Scandinavian cooperation within the field of sales law from a historical viewpoint in pursuance of examining how the Scandinavian sales laws have developed, and also why such development has happened as well as what the development has led to. By doing so, I strived to reach a conclu-sion if the Scandinavian sales laws – from a more wide-ranging perspective – are closely related, even after the renewal of the Scandinavian Sale of Goods Acts, and whether it is therefore still defensible to retain the restriction regarding inter-Scandinavian sales. Since the Scandinavian countries' current sales laws to a great extent have been influenced by the CISG there are a lot of similarities. The parties may freely choose which one of the mentioned regulations they wish to apply on their contractual relationship. In case such a choice has not been made, the CISG will automatically be applied to international sales, and the Scandinavian sales laws on national sales within Scandinavian countries as well as on inter-Scandinavian sales, due to the restriction made in accordance with Article 94. Despite the similarities between the Scandinavian sales laws and the CISG, there are divergences which from either a seller's or a buyer's point of view can be of significance. One of the main dissimilarities is that the CISG does not make a difference between indirect and direct losses; the liability is the same in both cases. This is, however, not the case in the Scandinavian sales laws (except Denmark's), according to which the liability differs depending on the basis of the liability. Hence, in order to get more depth to the discussion of the restriction's criticism an analysis of the differences between the Scandinavian sales laws in relation to the CISG was also concluded.