The Seller’s Obligations in Afghan Law and the International Sale of Goods Convention

Abstract

This research examines the seller's obligations under Afghan law and the International Sale of Goods (CISG) Convention. Both Afghan law and the CISG impose a series of obligations on the seller to ensure the security of commercial transactions and to protect the rights of the buyer. Failure to fulfill these obligations results in a breach of contract and contractual liability for the seller. The seller's obligations under the CISG are similar to those under Afghan law, with the main difference being that the CISG places greater emphasis on transparency and documentation, aiming to create a cohesive framework for facilitating international trade. Moreover, the findings of this research, which was conducted through doctrinal and library-based methods, show that the seller's obligations in both Afghan law and the CISG are largely similar. This includes obligations related to delivery, transfer of ownership, quality assurance, and protection from third-party claims, with both systems emphasizing the importance of these obligations in safeguarding the buyer’s interests. However, the CISG introduces additional requirements, such as the provision of documents and the adherence to specific contractual conditions, which are less emphasized in Afghan law.