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Aim. To analyse CISG Article 35 which regulates conformity of goods. Methodology. The method of analysis, empirical research method were used Results. In international sales law, the buyer is entitled to receive what was bargained between both parties and the seller has an obligation to send the goods in accordance with the contract of sale. Naturally, the goods must be suitable as agreed in the contract of sale. Therefore, the conformity of goods is the duty of the seller. Article 35 CISG is only provision which regulates the conformity of goods. Research iimplications. Conformity of goods is a very significant part of the contract of sale in international sales law and non-conformity of goods may amount to the fundamental breach of the contract of sale. Conformity of goods is shaped by the expectations of the buyer and is the duty of the seller. Pursuant to Article 35 CISG, conformity of goods is categorized in two different groups; the express conformity of goods and the implied conformity of goods. The express conformity of goods criteria are contractual quality, contractual quantity, contractual description and packaging in CISG Article 35(1). The implied conformity of goods criteria are fitness for the ordinary purpose, fitness for the particular purpose, sample goods and packaging in CISG Article 35(2). Packaging is the common criterion for both criteria.

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Νοn-Classical Paradigms in Contract Law in the American, European and Russian Legal Doctrines

• A. E. KIRPICHEV Russian State University of Justice, Russia
• R. V. SHAGIEVA Russian Presidential Academy of National Economy and Public Administration, Russia
• S. V. NIKOLYUKIN Russian State University of Justice, Russia
• N. E. BORISOVA Moscow City Pedagogical University, Russia
• V. V. RALKO Russian Academy of Advocacy and Notaries, Russia

Thematic justification: In many regions of the world, scholars have renewed a discussion on the nature and properties of contracts as a legal phenomenon, leading to the emergence of so-called ‘non-classical theories of contract’: contract as a promise, relational contract, contract as a network etc.

This article’s aim is to compare non-classical approaches to contract and check the possibility of creating a modern holistic theory of contract. This article’s methodology is based on the functional method, the use of which provides a comparative perspective, meaning that each of the explored approaches to the theory of contract should be studied in the context of its causes and problems it solves.

The article systematizes problems solved by non-classical theories of contracts and concludes that the development of a new theory means the appearance of a new solution, not only for the problem for which it was designed but also for some others from the list. No theory solves all the problems of contract law. Numerous theories of the 20th and 21st centuries have shown the directions, in which it is necessary to carry out research and to seek approaches whose combinations and mutual critical evaluations will allow the formation of a met theory of contract law, the further development of which can lead to a dominant paradigm shift in response to the emergence of an integrative legal theory of contract viewed in a holistic manner as a multifaceted phenomenon.

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