Abstract

The drafting process of the most successful international uniform law of the last decades, the 1980 United Nations Convention on the International Sale of Goods (CISG) reflected that in order to become a set of "well-balanced subsidiary rules," international uniform must be drafted and implemented carefully. It is essential that an international uniform law is adapted to diverse cultures. The different needs and demands of the varied socio-economic systems and legal structures, perceptions, procedures, and cultures of the distinct legal systems of this world are a main and omnipresent consideration and must be capable of absorbing the unified law. Either when international uniform law is developed by international conventions or models laws, the application of doctrine seems to inevitably lead to certain ambiguities and uncertainties. In the absence of a common tradition, one can easily be tempted to turn to domestic law. This tendency is particularly noticeable in the case of gaps. The CISG has a wide range of gaps, due to the compromising drafting process. Therefore, there is certainly a need for uniform interpretation in the application of the CISG. This thesis explores this tension in the interpretation of remedies for breach of sales contracts, as the remedial area forms the largest part of the discussion surrounding the application of the CISG.

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