Overriding Mandatory Rules Applicable to International Sales of Goods: Evidence from South Africa

In private international law of contract, the regulating rights and obligations contracting parties may (whether objectively determined or chosen by parties), in some instances, be limited either public policy considerations other relevant mandatory rules. this regard, overriding rules three places – that forum state, applicable (if different from lex fori) place performance (or a third state with connection to contract) have been considered both jurists scholars as being important. However, article is matters concerning choice on provisions (but not considerations). This assesses various utilised South African courts ascertaining which must apply contracts for sale goods. The aim adopt general contract rule effectively addresses difficulty determining whose legitimately claim application over certain issues sales contracts. To end, considers (lex causae) determine if these laws applied it practiced courts. Thereafter, (locus solutionis) states demonstrate “a state” derogate proper an contract.