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Manifestations of Good Faith in the Context of Hardship Under the UNIDROIT Principles and the Way Forward
Chapters 2 , 3 and 4 , discussed...
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The UNIDROIT Principles as a Common Frame of Reference for the Uniform Interpretation of National Laws
The preamble to the UNIDROIT Principles on International Commercial Contracts (otherwise referred to as “UPICC”, “PICC”, “UNIDROIT Principles” or...
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The Use of the UNIDROIT Principles of International Commercial Contracts in Order to Interpret or Supplement Argentine Contract Law
Argentine contract law uses UNIDROIT Principles of International Commercial Contracts both as an inspiration in its legislation as for its...
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The UNIDROIT Principles as a Common Frame of Reference for the Uniform Interpretation of National Laws
The preamble to the UNIDROIT Principles on International Commercial Contracts (otherwise referred to as “UPICC”, “PICC”, “UNIDROIT Principles” or...
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Use of the UNIDROIT Principles to Interpret and Supplement Domestic Contract Law
This book discusses how UNIDROIT principles are viewed and interpreted in different countries, presenting various perspectives and practical lessons...
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The UNIDROIT Principles As Reference for the Uniform Interpretation of National Laws: National Report Austria
After presenting a general rule enabling Austrian courts to refer to the UPICC the relevance of the use of the UNIDROIT Principles in court and...
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UNIDROIT Principles As Reference for Uniform Interpretation of National Laws: Czech Republic
The article analyses the extent to which the UNIDROIT Principles of International Commercial Contracts (UPICC) are used to interpret and supplement...
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The UNIDROIT Principles of International Commercial Contracts (UPICC) as Reference for the Uniform Interpretation of Paraguayan Law
The UNIDROIT Principles found in Paraguay a fertile ground for application by the local Courts. Several decisions from the Supreme and Appeals Court...
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THE UNIDROIT Principles As Reference for the Uniform Interpretation of National Laws: National Report for Russian Federation
The UNIDROIT Principles of International Commercial Contracts have been warmly received in Russia by both legislature and judiciary. The courts as...
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The UNIDROIT Principles as Reference for the Interpretation of US Law
Countries vary greatly in the extent to which they make use of the UPICC for this purpose. Some countries refer to the UPICC a lot, others very...
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Les Principes Unidroit comme cadre de référence pour l’interprétation uniforme des droits nationaux : Rapport national Droit français
Unlike many other civil codes modeled after the Napoleonic model, the drafters of the French Civil Code (“FrCC”) chose not to include specific...
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The Unidroit Principles of International Commercial Contracts (UPICC) as Reference for the Uniform Interpretation of Guatemalan Law
Guatemalan law distinguishes the applicability of non-State law to govern international contracts depending on the agreed-upon dispute resolution...
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The UNIDROIT Principles as Reference for the Uniform Interpretation of National Laws: The Case of Japan
The UPICC has never been explicitly used by Japanese courts in interpreting or supplementing Japanese law. There is no institutional or legal barrier...
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Good Faith in Domestic Laws and International Instruments
Civil law countries tend to apply the principle of good faith when dealing with hardship issues; this is evident in German law and French law. In...
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The UNIDROIT Principles As Reference for the Uniform Interpretation of National Laws: China
The author begins by stating that in Taiwan, the UPICC are applicable either as usages or by applying them as general principles of law, due to their...
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The Research Project on the Principles of BRICS Commercial Contracts Law. An Introduction
The chapter sets out the context and aim of the volume. It first investigates the history and meaning of the notion of BRICS—acronym for Brazil,...
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The UNIDROIT Principles as Reference for the Uniform Interpretation of National Laws: Report on Hungarian Law
The report is mainly based on the provisions of the new Hungarian Civil Code (hereafter HCC) which was enacted in 2013. The influence and inspiration...
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Transnational Commercial Litigation. Discussing the 2020 Model Rules and the 2019 Hague and 2018 Singapore Conventions
Businesses involved in cross-border litigation face two hurdles. The first concerns venue selection. Divergences between procedural systems,...
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General Considerations on the Interaction of the UPICC and the Brazilian Law
Taking into account one of the multiple functions of the UNIDROIT Principles, namely applying them in order to “interpret or supplement domestic...