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Contributors to the formulation of the Principles of International Commercial Contracts, 1994 - Unidroit

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Contributors to the formulation of the Principles of International Commercial Contracts, 1994 - Unidroit

UNIDROIT

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Contributors to the formulation of the Principles of International Commercial Contracts, 1994 - Unidroit

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"... For the most part the Unidroit Principles reflect concepts to be found in many, if not all, legal systems. Since however the Principles are intended to provide a system of rules especially tailored to the needs of international commercial transactions, they also embody what are perceived to be the best solutions, even if still not yet generally adopted.

The objective of the Unidroit Principles is to establish a balanced set of rules designed for use throughout the world irrespective of the legal traditions and the economic and political conditions of the countries in which they are to be applied. This goal is reflected both in their formal presentation and in the general policy underlying them.

As to their formal presentation, the Unidroit Principles deliberately seek to avoid the use of terminology peculiar to any given legal system. The international character of the Principles is also stressed by the fact that the comments accompanying each single provision systematically refrain from referring to national laws in order to explain the origin and rational of the solution retained. Only where the rule has been taken over more or less literally from the world wide accepted United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicit reference made to its source.

With regard to substance, the Unidroit Principles are sufficiently flexible to take account of the constantly changing circumstances brought about by the technological and economic developments affecting cross-border trade practice. At the same time they attempt to assure fairness in international commercial relations by expressly stating the general duty of the parties to act in accordance with good faith and fair dealing and, in a number of specific instances, imposing standards of reasonable behaviour.

Naturally, to the extent that the Unidroit Principles address issues also covered by the CISG, the follow the solutions found in that Convention, with such adaptations as were considered appropriate to reflect the particular nature and scope of the Principles.*

In offering the Unidroit Principles to the international legal and business communities, the Governing Council is fully conscious of the fact that the Principles, which do not involve the endorsement of Governments, are not a binding instrument and that in consequence their acceptance will depend upon their persuasive authority. There are a number of significant ways in which the Unidroit Principles may find practical application, the most important of which are amply explained in the Preamble.

The Governing Council is confident that those to whom the Unidroit Principles are addressed will appreciate their intrinsic merits and derive full advantage from their use.

The Governing Council of Unidroit
Rome, May 1994"


* See especially Articles 1.8, 1.9, 2.2, in conjunction with 5.7 and 7.2.2.

"

Reproduced from the Unidroit Principles of International Commercial Contracts, published by the International Institute for the Unification of Private Law (Unidroit), Rome, Italy, Copyright Unidroit 1994, by permission of Unidroit. Readers are reminded that the official version of the Unidroit Principles of International Commercial Contracts also includes the Commentary thereto. The integral edition of the English, French, German, Italian and Spanish versions may be ordered directly from Unidroit Publications, Via Panisperna 28, 00184 Italy (fax +39-6 69 94 13 94). The English version may also be ordered from Transnational Juris Publications, One Bridge Street, Irvington-on-Hudson, NY 10533 (fax: +1 (914) 591-2688).


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