THE BURDEN OF PROOF FOR THE NON-CONFORMITY OF GOODS UNDER ART. 35 CISG Cover Image

THE BURDEN OF PROOF FOR THE NON-CONFORMITY OF GOODS UNDER ART. 35 CISG
THE BURDEN OF PROOF FOR THE NON-CONFORMITY OF GOODS UNDER ART. 35 CISG

Author(s): Stefan Kröll
Subject(s): International Law, Law on Economics
Published by: Правни факултет Универзитета у Београду
Keywords: Burden of proof; Non-conformity of the goods; Presumption;

Summary/Abstract: The article deals with the controversial question of which parties bears the burden to proof the non-conformity of the goods at the time the risk passes. It analyses the various approaches adopted practice and the CISG literature and advocates a graded approach balancing the allocation of the burden of proof with evidentiary privileges at the preceding evidentiary stage.

  • Issue Year: 59/2011
  • Issue No: 3
  • Page Range: 162-180
  • Page Count: 19
  • Language: English
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