Die Haftung nach UN-Kaufrecht im Spannungsverhältnis zwischen Vertrag und Delikt

The different national concepts of contractual liability and torts present a particular challenge to the uniformity envisaged by the CISG. Martin Köhler shows how it is possible to cope with the divergent applications which have their origins in the national legal systems. Using the classification of defects in quality and precontractual liability as examples, he describes the different structures of liability law in Germany and France. By taking a look at these two systems, he demonstrates that the CISG does enable a certain degree of uniformity in key areas of sales law and does make it possible to solve the different problems arising from the conflict of uniform sales law and national law.