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Series

International Trade Law

2016

California Western School of Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Reasonable Standards For Contract Interpretations Under The Cisg, Donald J. Smythe Jan 2016

Reasonable Standards For Contract Interpretations Under The Cisg, Donald J. Smythe

Faculty Scholarship

The United Nations ("UN") Convention on Contracts for the International Sale of Good ("CISG") offers the promise of harmonizing international sales law and facilitating international trade and global commerce. But there is a "homeward trend bias" that may encourage domestic courts to construe the gaps in the CISG broadly and fill them with non-uniform domestic legal rules. Questions about contract interpretation under the CISG raise the same concerns about a homeward trend bias as questions about the interpretation of express CISG provisions. The CISG has express provisions governing contract interpretation but their application may not provide an unambiguous interpretation. This …


Clearing The Clouds On The Cisg's Warranty Of Title, Donald J. Smythe Jan 2016

Clearing The Clouds On The Cisg's Warranty Of Title, Donald J. Smythe

Faculty Scholarship

No abstract provided.