Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Notice Requirement of Article 39 and Islamic Law: Developed vs. Developing Countries

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
MyBook is a cheap paperback edition of the original book and will be sold at uniform, low price.

Buy this article

$30.00+ Tax (if applicable)
Add to Favorites

Abstract Article 39 of the United Nations Convention for the International Sale of Goods, 1980 (CISG) requires a buyer to notify the seller within a reasonable time of any non-conformity. This requirement has been advanced by courts and applied mostly in favour of the developed countries by adopting a strict interpretation of Articles 39 and 44. This interpretation should be revisited, taking into consideration certain circumstances within some developing countries, e.g., observance to Islamic law and the lack of sophistication of many buyers as to regulations for international commerce. Although the provisions in Article 39 are not uncommon in several developing countries and under Islamic law, during their implementation, however, courts may neglect the Article’s legislative history and intent to uniformity and flexibility. Such strict interpretation may deter developing countries from participating in and benefiting from the CISG. A more contextual interpretation of these Articles will not contradict Islamic law.


Article metrics loading...


Affiliations: 1: Pittsburgh, PA 15219 USA


Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to email alerts
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Arab Law Quarterly — Recommend this title to your library

    Thank you

    Your recommendation has been sent to your librarian.

  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation