'Regard is to be had': The Legislative Intent of Article 7(1) of the CISG (part 1)

Abstract

This chapter argues that 'regard is to be had' pertaining to 'good faith' means that the acts and omissions of the parties must be interpreted considering the principle they observe good faith in international trade. Furthermore, 'good faith' was an implicit principle which would have had implications for the CISG interpretation and the contract between the parties even if not included in the text. However, if not included, the approach taken by UNCITRAL might be deemed as against 'good faith'. Additionally, 'good faith' was not built upon a prior uniform law.