Book contents
- Frontmatter
- Contents
- Foreword, by Eric E. Bergsten
- Contributors
- PART ONE INTRODUCTION
- PART TWO CISG–UNIDROIT Principles comparative editorials
- Art. 6 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 7 CISG–UP, by Ulrich Magnus [Germany]
- Art. 8 CISG–UP, by Joseph M. Perillo [U.S.A.]
- Art. 9 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 10 CISG–UP, by Allison E. Butler [U.S.A.]
- Art. 11 CISG–UP, by Chantal Niggemann [Germany]
- Art. 13 CISG–UP, by Andrea Charters [U.S.A.]
- Art. 14 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 16 CISG–UP, by Andrea Vincze [Hungary]
- Art. 17 CISG–UP, by Stephen Smith [U.S.A.]
- Art. 18 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 20 CISG–UP, by John Felemegas [Australia]
- Art. 21 CISG–UP, by John Felemegas [Australia]
- Art. 22 CISG–UP, by John Felemegas [Australia]
- Art. 24 CISG–UP, by John Felemegas [Australia]
- Art. 25 CISG–UP, by Robert Koch [Germany]
- Arts. 26/39 CISG–UP–PECL, by Camilla Baasch Andersen [Denmark]
- Art. 27 CISG–UP–PECL, by Chengwei Liu [China]
- Arts. 28, 46, 62 CISG–UP, by John Felemegas [Australia]
- Art. 29 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 35 CISG–UP–PECL, by René Franz Henschel [Denmark]
- Art. 37 CISG–UP, by Bertram Keller [Germany]
- Arts. 47/49 CISG–UP, by Robert Koch [Germany]
- Art. 48 CISG–UP, by Chris Kee [Australia]
- Art. 55 CISG–UP, by Jumpita Ruangvichatron [Thailand]
- Arts. 63/64 CISG–UP, by Robert Koch [Germany]
- Arts. 71/72 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 74 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 75 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 76 CISG–UP, by Bruno Zeller [Australia]
- Art. 77 CISG–UP, by Elisabeth Opie [Australia]
- Art. 78 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 79 CISG–UP, by Alejandro M. Garro [Argentina]
- Art. 80 CISG–UP, by Friederike Schäfer [Germany]
- Arts. 81/82 CISG–UP, by Florian Mohs [Switzerland]
- PART THREE CISG–PECL COMPARATIVE EDITORIALS
- Index
Art. 9 CISG–UP, by Jorge Oviedo Alban [Colombia]
Published online by Cambridge University Press: 20 October 2009
Edited by
Book contents
- Frontmatter
- Contents
- Foreword, by Eric E. Bergsten
- Contributors
- PART ONE INTRODUCTION
- PART TWO CISG–UNIDROIT Principles comparative editorials
- Art. 6 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 7 CISG–UP, by Ulrich Magnus [Germany]
- Art. 8 CISG–UP, by Joseph M. Perillo [U.S.A.]
- Art. 9 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 10 CISG–UP, by Allison E. Butler [U.S.A.]
- Art. 11 CISG–UP, by Chantal Niggemann [Germany]
- Art. 13 CISG–UP, by Andrea Charters [U.S.A.]
- Art. 14 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 16 CISG–UP, by Andrea Vincze [Hungary]
- Art. 17 CISG–UP, by Stephen Smith [U.S.A.]
- Art. 18 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 20 CISG–UP, by John Felemegas [Australia]
- Art. 21 CISG–UP, by John Felemegas [Australia]
- Art. 22 CISG–UP, by John Felemegas [Australia]
- Art. 24 CISG–UP, by John Felemegas [Australia]
- Art. 25 CISG–UP, by Robert Koch [Germany]
- Arts. 26/39 CISG–UP–PECL, by Camilla Baasch Andersen [Denmark]
- Art. 27 CISG–UP–PECL, by Chengwei Liu [China]
- Arts. 28, 46, 62 CISG–UP, by John Felemegas [Australia]
- Art. 29 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 35 CISG–UP–PECL, by René Franz Henschel [Denmark]
- Art. 37 CISG–UP, by Bertram Keller [Germany]
- Arts. 47/49 CISG–UP, by Robert Koch [Germany]
- Art. 48 CISG–UP, by Chris Kee [Australia]
- Art. 55 CISG–UP, by Jumpita Ruangvichatron [Thailand]
- Arts. 63/64 CISG–UP, by Robert Koch [Germany]
- Arts. 71/72 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 74 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 75 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 76 CISG–UP, by Bruno Zeller [Australia]
- Art. 77 CISG–UP, by Elisabeth Opie [Australia]
- Art. 78 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 79 CISG–UP, by Alejandro M. Garro [Argentina]
- Art. 80 CISG–UP, by Friederike Schäfer [Germany]
- Arts. 81/82 CISG–UP, by Florian Mohs [Switzerland]
- PART THREE CISG–PECL COMPARATIVE EDITORIALS
- Index
Summary
INTRODUCTION
Article 9 CISG is located in Chapter II, entitled “General Provisions,” of the Convention. The other provisions of the Convention included in that chapter deal with general matters, such as the interpretation of the Convention (Art. 7) and the conduct of the parties (Art. 8)
Similarly, in the UNIDROIT Principles of International Commercial Contracts, Art. 1.8, which has a similar structure to that of Art. 9 CISG, is located in Chapter 1, entitled “General Provisions.” Included in that chapter are similar references to rules of interpretation sources.
Thus, it may be said that the recognition of the normative value of international usages and practices in contracts of international trade is a characteristic common to these two instruments of international commercial law.
NORMATIVE VALUE OF USAGES AND PRACTICES
Art. 9, paragraph (1), of the Convention recognizes the normative value of usages by pointing out that “[t]he parties to a contract are bound by any usage to which they have agreed and by any practices which they have established between themselves.”
Furthermore, Art. 9, paragraph (2), provides that “[t]he parties are considered, unless otherwise agreed, to have impliedly made applicable to their contract or its formation a usage of which the parties knew or ought to have known and which in international trade is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade concerned.”
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