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Part IV Validity, 15 General Remarks on Validity

From: Global Sales and Contract Law (2nd Edition)

Ingeborg Schwenzer, Edgardo Muñoz

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
14 June 2022
ISBN:
9780198871255

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2023

Subject(s):
Illegality and contract — Performance of contract — Validity of contract

This chapter explores the notion of validity. In the context of the CISG, matters of validity can be understood as those where a contract is considered as void ab initio. Validity is a tool used to serve different policy objectives at different times. Contracts declared as an absolute nullity are mostly for the protection of the legal system as a whole, while relative nullity protects the interests of a party rather than the broader legal system. Additionally, a contract valid only with ratification is essentially void until it receives ratification. The chapter tackles the uniform projects’ approach to validity.

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