How far does the dynamic doctrine go? Looking for the basis of precontractual liability in the CISG

  • Anne Rossen
  • Marie Hummelshøj Pedersen
  • Thomas Neumann


The inherent conundrums of precontractual liability are familiar in most domestic legal systems, but they also turn overly complex if the parties are located in each their jurisdiction. This article analyses whether the United Nations Convention on Contracts for the International Sale of Goods (CISG) governs any precontractual questions. Precontractual liability under the CISG has been discussed sparsely in the literature and since the Convention neither expressly deals with nor excludes precontractual liablity it leaves a gap of knowledge. A further examination of the Convention’s applicability to precontractual liability, what the legal foundation of such precontractual duties may be, and what such duties may consist of is desired.