Book contents
- Frontmatter
- Contents
- Foreword, by Eric E. Bergsten
- Contributors
- PART ONE INTRODUCTION
- PART TWO CISG–UNIDROIT Principles comparative editorials
- Art. 6 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 7 CISG–UP, by Ulrich Magnus [Germany]
- Art. 8 CISG–UP, by Joseph M. Perillo [U.S.A.]
- Art. 9 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 10 CISG–UP, by Allison E. Butler [U.S.A.]
- Art. 11 CISG–UP, by Chantal Niggemann [Germany]
- Art. 13 CISG–UP, by Andrea Charters [U.S.A.]
- Art. 14 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 16 CISG–UP, by Andrea Vincze [Hungary]
- Art. 17 CISG–UP, by Stephen Smith [U.S.A.]
- Art. 18 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 20 CISG–UP, by John Felemegas [Australia]
- Art. 21 CISG–UP, by John Felemegas [Australia]
- Art. 22 CISG–UP, by John Felemegas [Australia]
- Art. 24 CISG–UP, by John Felemegas [Australia]
- Art. 25 CISG–UP, by Robert Koch [Germany]
- Arts. 26/39 CISG–UP–PECL, by Camilla Baasch Andersen [Denmark]
- Art. 27 CISG–UP–PECL, by Chengwei Liu [China]
- Arts. 28, 46, 62 CISG–UP, by John Felemegas [Australia]
- Art. 29 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 35 CISG–UP–PECL, by René Franz Henschel [Denmark]
- Art. 37 CISG–UP, by Bertram Keller [Germany]
- Arts. 47/49 CISG–UP, by Robert Koch [Germany]
- Art. 48 CISG–UP, by Chris Kee [Australia]
- Art. 55 CISG–UP, by Jumpita Ruangvichatron [Thailand]
- Arts. 63/64 CISG–UP, by Robert Koch [Germany]
- Arts. 71/72 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 74 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 75 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 76 CISG–UP, by Bruno Zeller [Australia]
- Art. 77 CISG–UP, by Elisabeth Opie [Australia]
- Art. 78 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 79 CISG–UP, by Alejandro M. Garro [Argentina]
- Art. 80 CISG–UP, by Friederike Schäfer [Germany]
- Arts. 81/82 CISG–UP, by Florian Mohs [Switzerland]
- PART THREE CISG–PECL COMPARATIVE EDITORIALS
- Index
Art. 10 CISG–UP, by Allison E. Butler [U.S.A.]
Published online by Cambridge University Press: 20 October 2009
- Frontmatter
- Contents
- Foreword, by Eric E. Bergsten
- Contributors
- PART ONE INTRODUCTION
- PART TWO CISG–UNIDROIT Principles comparative editorials
- Art. 6 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 7 CISG–UP, by Ulrich Magnus [Germany]
- Art. 8 CISG–UP, by Joseph M. Perillo [U.S.A.]
- Art. 9 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 10 CISG–UP, by Allison E. Butler [U.S.A.]
- Art. 11 CISG–UP, by Chantal Niggemann [Germany]
- Art. 13 CISG–UP, by Andrea Charters [U.S.A.]
- Art. 14 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 16 CISG–UP, by Andrea Vincze [Hungary]
- Art. 17 CISG–UP, by Stephen Smith [U.S.A.]
- Art. 18 CISG–UP, by Jorge Oviedo Alban [Colombia]
- Art. 20 CISG–UP, by John Felemegas [Australia]
- Art. 21 CISG–UP, by John Felemegas [Australia]
- Art. 22 CISG–UP, by John Felemegas [Australia]
- Art. 24 CISG–UP, by John Felemegas [Australia]
- Art. 25 CISG–UP, by Robert Koch [Germany]
- Arts. 26/39 CISG–UP–PECL, by Camilla Baasch Andersen [Denmark]
- Art. 27 CISG–UP–PECL, by Chengwei Liu [China]
- Arts. 28, 46, 62 CISG–UP, by John Felemegas [Australia]
- Art. 29 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 35 CISG–UP–PECL, by René Franz Henschel [Denmark]
- Art. 37 CISG–UP, by Bertram Keller [Germany]
- Arts. 47/49 CISG–UP, by Robert Koch [Germany]
- Art. 48 CISG–UP, by Chris Kee [Australia]
- Art. 55 CISG–UP, by Jumpita Ruangvichatron [Thailand]
- Arts. 63/64 CISG–UP, by Robert Koch [Germany]
- Arts. 71/72 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 74 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 75 CISG–UP, by Bojidara Borisova [Bulgaria]
- Art. 76 CISG–UP, by Bruno Zeller [Australia]
- Art. 77 CISG–UP, by Elisabeth Opie [Australia]
- Art. 78 CISG–UP, by Sieg Eiselen [South Africa]
- Art. 79 CISG–UP, by Alejandro M. Garro [Argentina]
- Art. 80 CISG–UP, by Friederike Schäfer [Germany]
- Arts. 81/82 CISG–UP, by Florian Mohs [Switzerland]
- PART THREE CISG–PECL COMPARATIVE EDITORIALS
- Index
Summary
GENERAL INTERPRETATION AND APPLICATION IN THE CISG AND UNIDROIT PRINCIPLES
UNIDROIT Principles Art. 1.10 is similar in substance and form to its counterpart provision contained in Art. 10 CISG. Both provisions exemplify the drafters' intent to adopt the “closest connection” principle in contract interpretation and supplementation when determining the relevant “place of business.” Additionally, each has application beyond the scope of its respective provision. Case law under Article 10 CISG provides judicial application of this principle, thereby giving it additional supplemental authority.
SCOPE OF THE TERM “PLACE OF BUSINESS”
Application of Article 1.10 illustrates that a party's place of business is of relevance in a number of contexts throughout the UNIDROIT Principles. For example, place of business is relevant for the place for the delivery of notices (Art. 1.9(3)); a possible extension of the time of acceptance because of a holiday falling on the last day (Art. 2.8(2)); the place of performance (Art. 6.1.6); and the determination of the party who should apply for a public permission (Art. 6.1.14(a)). Hence, the term has applicability outside the realm of Article 1.10.
Similarly, the issue of determining the relevant place of business of a party frequently arises in several provisions under the CISG. However, the primary and most common usage of “place of business” as facilitated under Article 10 CISG is its interpretive part in the unilateral conflict rule contained in Article 1(1)(a) CISG.
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- Publisher: Cambridge University PressPrint publication year: 2007