oa Comparative and International Law Journal of Southern Africa - Private international law rules relating to the validity of international sales contracts



The present article considers the choice-of-law rules which apply to aspects normally referred to as the material and formal requirements for the validity of contracts, i.e. formalities, contractual capacity, existence of agreement and illegality. For this purpose, reference will be made to the method of ascertaining the proper law of an international sales contract in English and South African law, in the 1980 Rome Convention and in the Hague Conventions of 1955 and 1985. The scope of the proper law in these systems will then be examined to determine which law governs the particular aspects identified as relating to the validity of international sales contracts.


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