My OperaObservance of good faith in international trade
Monday, June 30, 2008 12:48:37 PM
The observance of good faith in international trade is stressed in CISG article 7 as a key element not only in the interpretation of the CISG, but also in the interpretation of all international contracts. Sales contracts as well as other types of contracts. Good faith is one of the most crucial element in all international law.
CISG Article 7 (1):
"In the interpretation of this Convention, 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."
As an example of what we mean by good faith, we could read CISG Article 68, 3rd sentence about selling goods in transit:
«Nevertheless, if at the time of the conclusion of the contract of sale the seller knew or ought to have known that the goods had been lost or damaged and did not disclose this to the buyer, the loss or damage is at the risk of the seller.»
See Overview of International CISG Sales Law, page 30.
CISG Article 7 (1):
"In the interpretation of this Convention, 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."
As an example of what we mean by good faith, we could read CISG Article 68, 3rd sentence about selling goods in transit:
«Nevertheless, if at the time of the conclusion of the contract of sale the seller knew or ought to have known that the goods had been lost or damaged and did not disclose this to the buyer, the loss or damage is at the risk of the seller.»
See Overview of International CISG Sales Law, page 30.
