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Freedom of Contract: Comparison Between Provisions of the CISG (Article 6) and Counterpart Provisions of the PECL

The Vindobona Journal of International Commercial Law and Arbitration, Vol. 6, pp. 257-266, 2002

10 Pages Posted: 9 Mar 2007  

Ulrich G. Schroeter

University of Basel - Faculty of Law

Abstract

The parties' freedom of contract ranks as one of the most important general principles embodied in the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) as well as in a number of other sets of rules pertaining to international commercial law. The present paper analyzes if and how the Principles of European Contract Law (PECL) may be used in order to interpret Article 6 CISG (the provision in the Sales Convention that deals with the freedom of contract) and discusses some pertinent problems that have arisen in court practice in this area.

Suggested Citation

Schroeter, Ulrich G., Freedom of Contract: Comparison Between Provisions of the CISG (Article 6) and Counterpart Provisions of the PECL. The Vindobona Journal of International Commercial Law and Arbitration, Vol. 6, pp. 257-266, 2002. Available at SSRN: https://ssrn.com/abstract=968145

Ulrich G. Schroeter (Contact Author)

University of Basel - Faculty of Law ( email )

Switzerland

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