International business transactions


Art 7 provides some guidance on interpreting the CISG



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OUTLINE International Business Transactions
Art 7 provides some guidance on interpreting the CISG

  • (1) regard is to be had to its intl character and to the need to promote uniformity in its application and the observance of good faith in intl trade

  • (2) when CISG text itself is not clear (i.e. ambiguous rule) look to general principles on which CISG is based. If no general principles applicable, look to law applicable by virtue of the rules of priv intl law

  • What are general principles??

    • No explicit definition

    • Look to Art 7(1)  intl character, promotion of uniformity, promotion of good faith in intl trade

    • There is preamble to treaty that talks about same things as Art 7(1).

    • Commentators looking at text of CISG see other general principles

      • Duty of good faith

      • Concept of notice (telling before something happens)


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