The Challenges of Sales Contracts in the Digital Era: From the CISG to Advanced International Transactions

Abstract

This paper examines contemporary legal challenges related to sales contracts in international trade, within a context characterized by digitalization, contractual complexity, and the uneven development of international legal frameworks. The analysis initially focuses on the use of electronic methods in contracting, assessing the role of UNCITRAL instruments and the principles of technological neutrality, non-discrimination, and functional equivalence in ensuring the legal validity of electronic communications. Subsequently, distribution and agency contracts are addressed, highlighting the limitations of the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the complementary importance of the UNIDROIT Principles in regulating long-term and representative contractual relationships. A substantial part of the paper is devoted to digital transactions involving software, digital content, and electronic data, analyzing debates concerning the classification of digital information as “goods,” its relationship with intellectual property rights, and the challenges arising from the territorial nature of the protection of these rights. The paper also identifies significant difficulties in barter and countertrade transactions, where the absence of a monetary price entails legal uncertainty, contractual complexity, and difficulties in the application of the uniform rules of the CISG. Finally, the paper analyzes future perspectives for the acceptance and strengthening of the CISG, emphasizing the role of legal education, business demands for predictability, and the need for greater international harmonization.

Received: 14 December 2026 / Revised: 11 January 2026 / Accepted: 12 March 2026 / Published: 25 March 2026