Relational contract theory and the CISG - A new interpretational framework?
Abstract
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.
Document Type
Book Chapter
School
School of Business and Law
Copyright
subscription content
Publisher
Taylor & Francis
Identifier
Clare Jing Ni Tai: https://orcid.org/0009-0000-2343-0714
Comments
Tai, C. J. N., & Andersen, C. B. Relational contract theory and the CISG–A new interpretational framework?. In Routledge Handbook on Transnational Commercial Law (pp. 20-69). Routledge. https://doi.org/10.4324/9781003394822-3