Integracion de la convencion de viena sobre compraventa internacional de mercaderias

Abstract

This article attempts to account for the integration of lacunae that the Vienna Convention presents in regard to matters that, despite being within the scope of their application, have not been explicitly resolved. The Vienna Convention on international sale and purchase of goods has been Law of the Republic since 1990 (October 3, 1990); however, no interest in studying it has thus far been shown nor is there cognizance of a final judicial decision that applies it. Because it is a new right, it must be autonomously interpreted and applied, and its international nature must be considered, thus promoting its uniformity. Its system demands that its lacunae be integrated primarily by the General Principles of the Law from which it finds support, and if the above is not possible, it authorizes recourse to the country’s regulations applicable according to conflict regulations found in private international law. The precise focus of the material or substantive area of the Convention is highly complicated and is especially relevant if Art. 7(2) —which mandates that those explicitly unresolved Convention-ruled matters be integrated— is abided by.  Instead, if explicitly ruled-out matters are dealt with, these are subject to the country’s applicable law, in accordance with the conflict regulations found in private international law.