earticle

영어

Many of the conventions established by the United Nations Committee on International Trade Law (“UNCITRAL”) since 1980 contain common guidelines, such as: (1) The requirement to interpret these conventions in good faith. (2) A requirement that cases arising under this Convention must be resolved in accordance with the basic general principles of the Convention. Increasingly, courts and scholars are finding that even the “basic principles” contain requirements of good faith. This paper argues for the following three things. First, the CISG does not include the principle of good faith that binds the parties to the contract in accordance with the guidelines of good faith in Article 7 (1). Second, the general principle underlying the CISG regulations is not to discuss good faith. Instead of the basic principle, one of the cost reduction contracts is that the parties to the contract should minimize the cost of negotiation and implementation under the contract, if possible. Third, the CISG’s guidelines for good faith and the case law that details the general basic principles of good faith for the CISG are relatively scarce, and the court’s trust in the guidelines of good faith or the basic good faith is questionable.