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14 Am. J. Comp. L. 383 (1965-1966)
The Contract of Goods Inspection

handle is hein.journals/amcomp14 and id is 393 raw text is: ALEKSANDAR GOLDSTAJN The Contract of Goods Inspection The contract of goods inspection is a creation of the autonomous mercantile law. This type of contract has not been regulated any- where by law, its legal nature being contestable as a result. Occa- sionally this subject matter is regulated by legislation, e.g. Sec. 2-515 of the United States Uniform Commercial Code or the Czechoslovak International Trade Code (Art. 521-535), but even so many ques- tions affecting the contract of goods inspection are left open. For this type of contract there exist no autonomous uniform regulations bind- ing on members of trade associations, and likewise no governing inter- national regulations, notwithstanding the fact that it represents the most frequent contract in international commercial transactions. The rudimentary nature of this contract is also obvious from the absence of elaborate general practices of business, so that forms and certificates, respectively the practice of the inspecting organizations, represent the only sources for the determination of the contents of these contracts. Inspection as understood under the terms of the contract of inspec- tion should exclude: (a) inspection carried on in the public interest by different institutions or authorities (inspection of food, seeds, export commodities, precious metals, etc.) and (b) inspection of ships and sections thereof as carried on by institutes engaged in assigning ships to various classes. The contract of goods inspection should also exclude inspection by experts of the court, experts of the commodities exchanges or of other bodies as performed by an order of the court, inspection by arbitrators or by interested parties for the purposes of obtaining evi- dence, expertise, or for other reasons. Inspection work by institutes as performed for scientific or technical purposes is similarly to be excluded. 'The contract of goods inspection represents a contract between the inspecting organization and its client whereby the former undertakes, against consideration, to inspect the quality and/or quantity of the goods and to issue a certificate thereon. Inspection is carried out on the basis of contract. The proceeding adopted is either for the parties to make a contract of inspection or for the principal to issue instructions that inspection be carried out; such instructions being accepted by the inspecting organization explic- itly or implicitly. The contents of the inspection contract are deter- ALEISANDR GOLDgTAJN is Professor at the Faculty of Law, University of Zagreb. 383

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