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Abstract Article (1999) 3 VJ 1, 15-40
Good Faith & the Vienna Convention on Contracts for the International
Sale of Goods
Troy Keily*
If the complex web of morality and commercial law poses difficulties in a
domestic context, then elevating the issues to an international stage was certain
to amplify the problem such that a marriage of contract and good faith would
appear illusory. However, within the CISG a marriage of sorts does exist in
Article 7(1). Eminent authors such as Bonell and Schlechtriem hold that article
7(1) of the CISG embodies an obligation of good faith as a general requirement.
Beyond this position, it is an irrefutable fact that good faith, in its
various manifestations, permeates the body and spirit of the CISG.
The concern of this paper is the degree to which the CISG recognises good faith.
If good faith truly is a principle recognised internationally, then the CISG should
be allowed to reflect this development to its full extent. To suggest otherwise
is to confine the CISG to its historical vacuum.
* B.A., LLB (Hons) (Deakin). Landers & Rogers Lawyers, Melbourne
(Australia) (tkeily@landers.com.au).
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