إشكالات صياغة عقد البيع الدولي للبضائع في ضوء اتفاقية فيينا لسنة 1980م: دراسة تطبيقية على تشاد

The researcher dealt with the subject of contracts for the international sale of goods "whose theme is" The Problem of Formulating a Contract For The International Sale Of Goods in The Light of The Vienna Convention of 1980 Relating To The International Sale of Goods, Study Applied on Chad ”. In presenting the research, the researcher followed the historical, inductive, comparative, descriptive and analytical method. The researcher's objective is to identify the problematic of the formulation of contracts for the international sale of goods in the light of the Vienna Convention and to find solutions. The researcher also aimed, through this study, to establish rules and jurisprudential and legal foundations that can be applied in practice to solve the problems faced by traders. The researcher tested several hypotheses, including: - The researcher assumes that the formulation of contracts for the international sale of goods involves usury, illusion or illegal place; - The foreign investor with extensive scientific and practical experience in the field of international trade contracts; While the investor inside Chad has little or little experience in this area. - It is possible to agree on a unified conception of legality and public order. After studying this topic, the researcher came to conclusions and recommendations, the most important of which are: The most important results the researcher achieved: a. The wording of the contract for the international sale of goods "sometimes involves usurious interests when it is drafted according to the provisions of positive law", while usury is prohibited according to the provisions of Islamic jurisprudence; b. The study revealed that it is possible to agree on precise criteria of legality of place, cause, public order and morality ”when formulating the contract for the international sale of goods; The researcher presented several recommendations in this regard, the most important of which are: 1. The parties to the contract, when they begin to formulate a contract for the international sale of goods, must master the process of negotiation, which undoubtedly guarantees the parties most of the rights and clarifies most of the obligations so as to avoid conflicts. future issues; 2. The Chadian Chamber of Commerce should assist traders with clear and binding instructions and guidance on how to formulate a good contract for the international sale of goods; 3. Chadian traders should use the offices of legal advisers when formulating the contract for the international sale of goods and present the contracts prepared by the party to the other to a legal consultant before signing it