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The United Nations Convention For The International Sale Of Goods (Cisg) And Related Issues Of Conflict Of Laws, Francesco Pifferi
The United Nations Convention For The International Sale Of Goods (Cisg) And Related Issues Of Conflict Of Laws, Francesco Pifferi
LLM Theses and Essays
This paper addresses a need for legal predictability in international sale of goods. The author explores the twin purposes of the CISG to provide uniform substantive rules for international sale contracts and to solve conflict of laws problems through a uniform choice of law principle. The paper explores the regime of conflict of law rules in the CISG in comparison with the Hague Convention on the Law Applicable to the Contracts for the International Sale of Goods, EC Rome Convention on the Law Applicable to Contractual Obligations, and the Inter-American Convention on the Law Applicable to International Contracts. The scope …
Good Faith Principle Under Vienna Sales Convention - A Comparative Study, Chuan Li
Good Faith Principle Under Vienna Sales Convention - A Comparative Study, Chuan Li
LLM Theses and Essays
This paper focuses on the good faith principle in contracts and international trade. The paper examines the description of the good faith principle in common law and civil law jurisdictions and various approaches to Article 7 (1) of the Vienna Sales Convention that requires the need to promote the observance of good faith in international trade. The paper reviews the drafting history of the Article, interpretation of good faith under common law and civil law, the UNIDROIT and Uniform Commercial Code. The paper concludes by proposing a uniform understanding of the Convention’s good faith principle by clarifying its function, its …