Article | Some Issues of Interpretation of International Commercial Contracts |
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Authors | Dikovska I. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 7 / 2013 |
Pages | 103 - 112 |
Annotation | The article analyzes the methods of the interpretation of international commercial contracts terms proposed by the UN Vienna Convention on Contracts for the International Sale of Goods 1980, Principles of international commercial contracts UNIDROIT 2010, Principles of European Contract Law and Draft Common Frame of Reference. It has been concluded that all these documents use subjective and objective approaches to the interpretation of international commercial contracts terms. Using a subjective approach stands for establishing the common intention of the parties or a party, provided that at the time of conclusion of the contract the other party could not have been aware of that intention. Certain factors should be taken into account, while establishing the parties' common intention: preliminary negotiations, parties' conduct (including the conduct subsequent to the conclusion of the contract), the nature and purpose of the contract, the requirements of good faith and fair dealing). An objective approach means an interpretation of the contract according to the meaning that a reasonable person of the same kind as the parties would give to it in the same circumstances. Usually an objective approach can be applied when a subjective approach cannot be used. |
Keywords | international commercial contracts, interpretation, United Nations Convention on Contracts for the International Sale of Goods, UNIDROIT Principles, PECL, DCFR. |
References | |
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