Unified Interpretation of the United Nations Convention on Contracts for the International Sale of Goods in Light of Comparative Jurisprudence : Analysis of the 'CISG-AC Opinions'
| Autor: | Shima, Yasunori |
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| Jazyk: | japonština |
| Rok vydání: | 2021 |
| Předmět: | |
| Zdroj: | 国際公共政策研究. 25(2):1-23 |
| ISSN: | 2432-0870 |
| Popis: | 投稿論文 Refereed Article CISG Article 7 advocates an autonomous interpretation and excludes the “homeward trend”; interpretation methodology dependent on conflicting national law. The authoritative CISG Advisory Counsel has issued more than twenty opinions focusing on the thorny issues of unified interpretation of CISG. Of these, this paper analyzes thirteen selected opinions to show comparative analyses of contract laws around the globe showing a unified interpretation (“Interpretation by CISG-AC”). The Interpretation by CISG-AC focuses on such key notions of CISG as “fundamental breach”, stressing the importance of the common intention of the parties and the specific circumstances of sales transactions. These features are in line with the legal structure of CISG, so-called “modern contract law”, whose structure has penetrated contract laws worldwide since the adoption of CISG in 1980. This is why the Interpretation by CISG-AC and the interpretations of many domestic contract laws are similar, and so Interpretation by CISG-AC contributes to a unified interpretation. On the other hand, some other interpretations of CISG by other jurists have been affected by such old-fashioned national laws as the legal theory of trichotomy (impossibility, delay and defective) under the German Civil Code BGB in 1900. These outdated interpretations are the main factors of the “homeward trend”. |
| Databáze: | OpenAIRE |
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