TY - CHAP
T1 - Relational contract theory and the CISG – a new interpretational framework?
AU - Baasch Andersen, Camilla
AU - Tai, Clare
PY - 2025/2/21
Y1 - 2025/2/21
N2 - The present chapter sets up an interpretive framework for the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG), drawing on relational contracting theory. We analyse the theoretical constructs needed to incorporate relational contract theory into the framework of the CISG and isolate four key traits which demonstrate the point that the CISG is compatible with relational contracting and that its uniform and autonomous interpretation transnationally can be aided by relying on this. By analysing some examples from existing caselaw, we promote the idea that a more congruous and consistent approach could be aided by applying this pragmatic approach to basic contract interpretations, inside the mandate of the CISG.
AB - The present chapter sets up an interpretive framework for the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG), drawing on relational contracting theory. We analyse the theoretical constructs needed to incorporate relational contract theory into the framework of the CISG and isolate four key traits which demonstrate the point that the CISG is compatible with relational contracting and that its uniform and autonomous interpretation transnationally can be aided by relying on this. By analysing some examples from existing caselaw, we promote the idea that a more congruous and consistent approach could be aided by applying this pragmatic approach to basic contract interpretations, inside the mandate of the CISG.
KW - Transnational Law
KW - Commercial Law
KW - Transnational Commercial Law
KW - Law Handbook
UR - https://onesearch.library.uwa.edu.au/permalink/61UWA_INST/1vk1d8f/alma991651247602101
UR - https://www.routledge.com/Routledge-Handbook-on-Transnational-Commercial-Law/Zeller-BaaschAndersen/p/book/9781032496467
M3 - Chapter
SN - 9781032496467
SP - 20
EP - 70
BT - Routledge Handbook on Transnational Commercial Law
A2 - Zeller, Bruno
A2 - Basch-Andersen, Camilla
PB - Routlege, Taylor & Francis Group
CY - United Kingdom
ER -