What was the reason for incorporating Articles 12 and 96 CISG into the CISG? See also above Article 1 CISG.
Articles 12 and 96 CISG were introduced after pressure from Eastern countries, especially the former Soviet Union, who had a rigid state control system applying to the validity of form of foreign trade contracts.
Q 12-2
Why did the court in C 12-1 adopt the view that domestic form requirements must only be observed if the international private law of the forum leads to the application of the law of the Reservation State?
The court held that where the CISG applies by virtue of Article 1(1)(a) but one of the Contracting States has made a reservation under Article 96, there is no general principle which would govern the question of whether a damages claim could be based on a contract which had been concluded orally. Thus, the court proceeded under the second alternative of Article 7(2) and applied its rules of international private law in order to determine which law governs the question of form requirements in the case at hand.
