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Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (CISG)

  • Latvia

    22-12-2009

    Autor: Elina Umbraško

    Jurista Vards, 22.12.2009., Nr. 51/52 (594/595)

    Since each state has its own understanding of sale of goods, it was already pointed out during CISG drafting process, that it is important to ensure that in case of uncertainty courts would not apply national law. Therefore, in order to prevent conflicting interpretation of the Convention, that is unavoidable, if CISG provisions are interpreted from the view of national law, CISG includes provisions concerning interpretation and gap filling, thereby precluding nationally distinctive interpretation and usage of different legal methods.

    However, in practice CISG norms which contain provisions of interpretation and gap-filling sometimes are ignored. Therefore, popularizing application of CISG in Latvia, special attention must be given to provisions of Article 7 of CISG.


     

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