CEU Electronic Theses and Dissertations, 2017
| Author | Masny, Tomas |
|---|---|
| Title | The UNIDROIT Principles on International Commercial Contracts as a tool to interpret and supplement the UN Convention on Contracts for the International Sale of Goods |
| Summary | This thesis analyzes the availability of the employment of UNIDROIT Principles of International Commercial Contracts (UPICC) as a tool to interpret and supplement the UN Convention on Contracts for the International Sale of Goods (CISG). This suggested role of UPICC is particularly interesting for the theory of international unification of commercial law, since, speaking in general terms, it suggests the normative interplay between an international soft law and an international hard law, however, the practical consequences would not be insignificant, too. The analysis is carried out from the twofold perspective: on the one hand, from the point of view of the formal legal admissibility and, on the other hand, from the perspective of the desirability of such use. This distinction reflects the usual lines of the argumentation of its proponents and opponents and since this thesis addresses both of them, and it confronts the theoretical arguments and counterarguments from both camps, this paper could be deemed as the relatively comprehensive and coherent legal theory of an interpretive/supplementary assistance of UPICC within application of CISG. This thesis takes, in this respect, the favorable position and identifies the possible methodology of the use – the systematic interpretation with UPICC as the systematic context and the facilitated process of gap-filling. The paper, emphasizing teleological and dynamic approach to CISG, rejects the traditional objections against the legal admissibility of an interpretive/supplementary reference to UPICC and it also finds the legitimacy and the functional contribution of such utilization to the fulfillment of the CISG’s purpose. The generally optimistic approach is demonstrated on the selected problematic interpretive/supplementary questions of CISG, where UPICC proves the benefits of their usability, but the demonstrations also show some practical methodological dangers, the adjudicators should be aware of. |
| Supervisor | Markus A. Petsche |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2017/masny_tomas.pdf |
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