Abstract

RAMIREZ MARQUEZ, Juan Antonio. THE BUYER PROPERTY'S ASSUMPTION PROBLEM TO EXECUTE ITS RIGHT TO REJECT THE GOODS. Int. Law: Rev. Colomb. Derecho Int. [online]. 2012, n.21, pp.159-180. ISSN 1692-8156.

In accordance with the Vienna Convention International of sale of goods (CISG), in which Mexico is a part, the countries have obtained greater international development in what concerned to trade, however all legal systems are perfectible and the CISG is not an exception. A perfectible aspect, is the goods' possession assumption by the buyer on behalf of the seller, with the purpose of execute its right to reject the goods because a lack of conformity in the goods, due a legislative freedom and lack of uniformity in the administrative right of the countries, when the seller sends different goods than the ones requested by the buyer, cause the obligation of tenure the goods to be able of reject them as stated in the CISG, the buyer could incur in violations to customs rules, generating a civil and punitive damage to him, this is not seemed to be contemplated in the CISG and in case it is contemplated, the correspondent indemnification could not surpass the value of the goods, generating a total legal inequity between the buyer and seller.

Keywords : International Private Law; CISG; Custom's Law; goods rejection; goods property's assumption; conflict of laws; customs law; Vienna Convention on International Sale of Goods; sale.

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