{"title":"《公约》第7条第1款的立法意旨(第1部分)","authors":"Inma C Conde","doi":"10.7590/187714623x167931127873151877-1467","DOIUrl":null,"url":null,"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\n 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.","PeriodicalId":161549,"journal":{"name":"European Journal of Commercial Contract Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"'Regard is to be had': The Legislative Intent of Article 7(1) of the CISG (part 1)\",\"authors\":\"Inma C Conde\",\"doi\":\"10.7590/187714623x167931127873151877-1467\",\"DOIUrl\":null,\"url\":null,\"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\\n 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.\",\"PeriodicalId\":161549,\"journal\":{\"name\":\"European Journal of Commercial Contract Law\",\"volume\":\"14 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-03-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"European Journal of Commercial Contract Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.7590/187714623x167931127873151877-1467\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Journal of Commercial Contract Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.7590/187714623x167931127873151877-1467","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
'Regard is to be had': The Legislative Intent of Article 7(1) of the CISG (part 1)
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.