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| The text of CISG as a whole and the Colombian statute implementing it into the Colombian legal system were submitted to the Colombian Constitutional Court, which had to assess the constitutionality of both instruments before their entry into force in Colombia.
As far as the specific features of CISG are concerned, the Court held that CISG recognizes the general principle of private autonomy within the limits of the parties’ liberty rights which include the right to exclude, totally or partially, its provisions. The Court also held that the principle of good faith in international trade is respected by CISG. The Court further held that CISG is founded on the principle of freedom of form for the contract, with the possibility of exceptions according to Art. 12 CISG when a declaration is made with respect to form requirements with the effect of prescribing the written form for the contract. It then found that Colombia does not need to make such a declaration. The Court finally held that CISG respects the principles of sovereignity, equity, reciprocity and national benefit, and that CISG is an instrument capable of fostering international trade and acceptable according to the principles of international law applicable in Colombia. The Court then established the executability of both CISG and the Colombian statute enforcing it in Colombia. Sources Published in: Gaceta de la Corte Constitucional Full Text See Section E.2000-……. Links: |