CISG Article 7: Interpretation of the Convention

Felemegas, J

CISG Article 7: Interpretation of the Convention

Felemegas, J

Permalink

Publisher:: Sweet & Maxwell Thomson Reuters
Publication Type:: Chapter
Citation:: Contracts for the International Sale of Goods: A Multidisciplinary Perspective, 2019, pp. 27 - 42 (15)
Issue Date:: 2019-07-01

Closed Access

	Filename	Description	Size
	Chapter_02_Revised.pdf	Accepted Manuscript version	146.31 kB	Adobe PDF	View/Open

Copyright Clearance Process

Recently Added
In Progress
Closed Access

This item is closed access and not available.

Full metadata record

Field	Value	Language
dc.contributor.author	Felemegas, J https://orcid.org/0000-0002-3585-7624	en_US
dc.contributor.editor	Sooksripaisarnkit, P	en_US
dc.contributor.editor	Garimella, SR	en_US
dc.date.issued	2019-07-01	en_US
dc.identifier.citation	Contracts for the International Sale of Goods: A Multidisciplinary Perspective, 2019, pp. 27 - 42 (15)	en_US
dc.identifier.isbn	9789626614518	en_US
dc.identifier.uri	http://hdl.handle.net/10453/134711
dc.description.abstract	CISG comes with its own in-built interpretation rules which are set forth in Article 7.1 Article 7 is the provision that sets forth the Convention’s interpretive standards. The provision in Article 7(1) expressly prescribes the international character of the Convention and uniform direction that should be adopted in the interpretation and application of the Convention’s provisions. Article 7 expressly directs that in the interpretation of CISG “regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade”.2 Interpreters of CISG are further instructed that questions concerning matters governed by CISG which are not expressly settled in it, “are to be settled in conformity with the general principles” on which CISG is based, or in the absence of such principles, “in conformity with the law applicable by virtue of the rules of private international law”.3 Matters governed by CISG which are not expressly settled in it are issues to which CISG applies but which it does not expressly resolve; ie, gaps praeter legem.4 Article 7(2) provides the important mechanism for filling any gaps praeter legem in CISG and thus complements Article 7(1) by laying the course for the text’s deliberation and future development. Thus, CISG acquires the flexibility necessary to any instrument that attempts to deal with a subject matter as fluid and dynamic as international trade.	en_US
dc.publisher	Sweet & Maxwell Thomson Reuters	en_US
dc.relation.ispartof	Contracts for the International Sale of Goods: A Multidisciplinary Perspective	en_US
dc.title	CISG Article 7: Interpretation of the Convention	en_US
dc.type	Chapter
utslib.location	Hong Kong	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.place-of-publication	Hong Kong	en_US
pubs.publication-status	Published	en_US

Abstract:

CISG comes with its own in-built interpretation rules which are set forth in Article 7.1 Article 7 is the provision that sets forth the Convention’s interpretive standards. The provision in Article 7(1) expressly prescribes the international character of the Convention and uniform direction that should be adopted in the interpretation and application of the Convention’s provisions. Article 7 expressly directs that in the interpretation of CISG “regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade”.2 Interpreters of CISG are further instructed that questions concerning matters governed by CISG which are not expressly settled in it, “are to be settled in conformity with the general principles” on which CISG is based, or in the absence of such principles, “in conformity with the law applicable by virtue of the rules of private international law”.3 Matters governed by CISG which are not expressly settled in it are issues to which CISG applies but which it does not expressly resolve; ie, gaps praeter legem.4 Article 7(2) provides the important mechanism for filling any gaps praeter legem in CISG and thus complements Article 7(1) by laying the course for the text’s deliberation and future development. Thus, CISG acquires the flexibility necessary to any instrument that attempts to deal with a subject matter as fluid and dynamic as international trade.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/134711