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3 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Intro |
- focusing on the Cisg this essay will argue that good faith plays a limited role both in the CISG content and in its application by courts and arbitrators. Many of the convention produced by UNCITRAL, since 1980 include a common directive; a requirement that these conventions be interpreted in good faith and secondly, a requirement thAt cases arising under these conventions be settled in accordance with the conventions underlying general principles. Increasingly courts and scholars are finding that underlying principles also include a requirement of good faith. |
The main aim of the cisg is to ensure that fundamental uniform text in relation to sales because if someone from Africa wishes to trade with someone from the US, the law is different when concerning contracts. Therefore, internationally there has been an attempt to create a regime. Article 7 CISG WAS THE TEMPLATE FOR THE GOOD FAITH DIRECTIVE IN SUBSEQUENT UNCITRAL CONVENTIONS |
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Negative role of good faith |
The Cisg does not include a principle of good faith that is binding on the contracting parties under article 7(1) good faith directive. The general principle underlying the provisions of the Cisg is not one of good faith. That underlying principle instead is one of contracting cost reduction: a requirement that parties minimise the cost of negotiating performing under contracts where practical. |
Case laws that elaborate on the Cisg’s good faith directive or a general underlying principle of good faith is rare |
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Positive points |
The concept of good faith has a great normative appeal, it would be a rare commentator that would deny that good faith has any role to play in the development of a legal system. Article 7(1) the general principle which govern the general provisions of this convention are “uniformity in its application and the observance of good faith in international trade”. |
A doctrine of good faith could safeguard the expectation of contracting parties by respecting and promoting the spirit of their agreement instead of insisting upon the observance of the literal wording of the contract. It could regulate self-interested dealings. At the same time, the role of good faith could reduce cost reduction and promote economic efficiency. Under the observance of good faith comes honesty, which is important when regarding good faith when entering a contract and the intention of entering into the contract |
