Book contents
- Frontmatter
- Contents
- Foreword, by Eric E. Bergsten
- Contributors
- PART ONE INTRODUCTION
- PART TWO CISG–UNIDROIT Principles comparative editorials
- Art. 6 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 7 CISG–UP, by Ulrich Magnus [Germany]
- Art. 8 CISG–UP, by Joseph M. Perillo [U.S.A.]
- Art. 9 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 10 CISG–UP, by Allison E. Butler [U.S.A.]
- Art. 11 CISG–UP, by Chantal Niggemann [Germany]
- Art. 13 CISG–UP, by Andrea Charters [U.S.A.]
- Art. 14 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 16 CISG–UP, by Andrea Vincze [Hungary]
- Art. 17 CISG–UP, by Stephen Smith [U.S.A.]
- Art. 18 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 20 CISG–UP, by John Felemegas [Australia]
- Art. 21 CISG–UP, by John Felemegas [Australia]
- Art. 22 CISG–UP, by John Felemegas [Australia]
- Art. 24 CISG–UP, by John Felemegas [Australia]
- Art. 25 CISG–UP, by Robert Koch [Germany]
- Arts. 26/39 CISG–UP–PECL, by Camilla Baasch Andersen [Denmark]
- Art. 27 CISG–UP–PECL, by Chengwei Liu [China]
- Arts. 28, 46, 62 CISG–UP, by John Felemegas [Australia]
- Art. 29 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 35 CISG–UP–PECL, by René Franz Henschel [Denmark]
- Art. 37 CISG–UP, by Bertram Keller [Germany]
- Arts. 47/49 CISG–UP, by Robert Koch [Germany]
- Art. 48 CISG–UP, by Chris Kee [Australia]
- Art. 55 CISG–UP, by Jumpita Ruangvichatron [Thailand]
- Arts. 63/64 CISG–UP, by Robert Koch [Germany]
- Arts. 71/72 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 74 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 75 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 76 CISG–UP, by Bruno Zeller [Australia]
- Art. 77 CISG–UP, by Elisabeth Opie [Australia]
- Art. 78 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 79 CISG–UP, by Alejandro M. Garro [Argentina]
- Art. 80 CISG–UP, by Friederike Schäfer [Germany]
- Arts. 81/82 CISG–UP, by Florian Mohs [Switzerland]
- PART THREE CISG–PECL COMPARATIVE EDITORIALS
- Index
Art. 8 CISG–UP, by Joseph M. Perillo [U.S.A.]
Published online by Cambridge University Press: 20 October 2009
- Frontmatter
- Contents
- Foreword, by Eric E. Bergsten
- Contributors
- PART ONE INTRODUCTION
- PART TWO CISG–UNIDROIT Principles comparative editorials
- Art. 6 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 7 CISG–UP, by Ulrich Magnus [Germany]
- Art. 8 CISG–UP, by Joseph M. Perillo [U.S.A.]
- Art. 9 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 10 CISG–UP, by Allison E. Butler [U.S.A.]
- Art. 11 CISG–UP, by Chantal Niggemann [Germany]
- Art. 13 CISG–UP, by Andrea Charters [U.S.A.]
- Art. 14 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 16 CISG–UP, by Andrea Vincze [Hungary]
- Art. 17 CISG–UP, by Stephen Smith [U.S.A.]
- Art. 18 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 20 CISG–UP, by John Felemegas [Australia]
- Art. 21 CISG–UP, by John Felemegas [Australia]
- Art. 22 CISG–UP, by John Felemegas [Australia]
- Art. 24 CISG–UP, by John Felemegas [Australia]
- Art. 25 CISG–UP, by Robert Koch [Germany]
- Arts. 26/39 CISG–UP–PECL, by Camilla Baasch Andersen [Denmark]
- Art. 27 CISG–UP–PECL, by Chengwei Liu [China]
- Arts. 28, 46, 62 CISG–UP, by John Felemegas [Australia]
- Art. 29 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 35 CISG–UP–PECL, by René Franz Henschel [Denmark]
- Art. 37 CISG–UP, by Bertram Keller [Germany]
- Arts. 47/49 CISG–UP, by Robert Koch [Germany]
- Art. 48 CISG–UP, by Chris Kee [Australia]
- Art. 55 CISG–UP, by Jumpita Ruangvichatron [Thailand]
- Arts. 63/64 CISG–UP, by Robert Koch [Germany]
- Arts. 71/72 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 74 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 75 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 76 CISG–UP, by Bruno Zeller [Australia]
- Art. 77 CISG–UP, by Elisabeth Opie [Australia]
- Art. 78 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 79 CISG–UP, by Alejandro M. Garro [Argentina]
- Art. 80 CISG–UP, by Friederike Schäfer [Germany]
- Arts. 81/82 CISG–UP, by Florian Mohs [Switzerland]
- PART THREE CISG–PECL COMPARATIVE EDITORIALS
- Index
Summary
a. Article 8 of the CISG is entitled “Interpretation of Statement or Other Conduct of a Party.” Surprisingly, the CISG makes no explicit statement concerning the interpretation of a contract that is the joint product of the parties' negotiations resulting in the adoption of common language. As Professor Honnold has noted, the provisions of Article 8 have “special significance for agreements that have not resulted from detailed negotiations.” Uncomplicated sales of goods, in which no formalized contractual documents are produced, are quite common, but more complex transactions that interweave sales with support services are also very important. The UNIDROIT Principles' focus is broader than simple sales and provides explicit guidance for the interpretation of contracts and not merely for the interpretation of individual communications. It thus fills a wide gap in the CISG text.
b. Article 4.1 of the Principles talks in terms of the interpretation of “contracts”. It starts with a subjective notion. If the parties have a common intention, the common intention will prevail. This, on the face of it, is the same rule that has been adopted by the American Restatement, but the common law objectifies intention by erecting barriers to evidence of what the parties really intended as opposed to what they said or wrote. The Principles, however, disclaim any limitation on evidence of the parties' intentions.
c. If the common intention of the parties cannot be determined, the Principles would apply an objective test to determine the meaning of the contract.
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- Publisher: Cambridge University PressPrint publication year: 2007