What is The Corner Stone Of Interpreting The CISG Under Art. 7 CISG.

The importance of interpretation of CISG can be understood as function existing itself. One of the reason why CISG is existed is that trying to overcome legal differences as well as facilitating business transactions between parties. Furthermore, as we look at the preamble of CISG, which says that ‘’The States Parties to this Convention (..) being of the opinion that the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade,have agreed as follows…’’ in order to fulfil this aim, the CISG has to be interpreted and applied uniformly. Nevertheless, there is no formal mechanism to warrant the uniform interpretation and application of the CISG as there is no ‘’supreme court’’ being the final instance for the interpretation of the CISG. This is why legal academia writing on the CISG and databases collecting court decisions from around the world are so very important. Furthermore, article 7(1) CISG deals with the interpretation of the cısg and article 7(2) CISG then deals with the problem of filling gaps within the CISG. Besides, article 7(1)[1] CISG introduces three general principles on the interpretation of the CISG. Moreover, ‘’regard is to be had to its international character of CISG’’, which means that the CISG is to be interpreted autonomously, Parties are not allowed to interpret the CISG in the light of, or by reference to, their own national private law. With this respect, potential problem would be that a national court shall rather observe how other courts from the same contracting state interpret the CISG than that they will take notice of court decisions of other contracting states. This again stresses the importance of databases collecting court decisions from around the world. Moreover, courts ought to observe the international case law on the CISG. Hence, the importance of databases collecting court decisions on the CISG from around the world and the importance of international literature on CISG.

[1] https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/19-09951_e_ebook.pdf

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