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Language
When considering international sales law,
language is significant and must be chosen with care – particularly given the possibility
for domestic courts to distort the meaning of the international legal
principles contained in instruments like the CISG by applying domestic legal
interpretation rules. Aside from
attempting to reflect a meaning appropriate to international commercial law and
the CISG, it is important not to be unnecessarily parochial. It is essential that a principle with no
common law or civil law bias is adopted to ensure that "regard is to be had to
its international character and to the need to promote uniformity in its
application and the observance of good faith in international trade." Indeed this was recognised by the drafters of
the CISG who deliberately chose what was intended to be neutral language. It is a difficult task exemplified simply by
noting that there are potentially significant differences in each of the
official UN language versions.
Global Sales Law – Thesaurus
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