Preliminary communication
https://doi.org/10.3935/zpfz.72.3.06
A Specific Method of Interpreting and Filling Legal Gaps in the Function of the Success of the UN Convention on the International Sale of Goods
Kenad Osmanović
orcid.org/0000-0002-8841-5731
; Constitutional Court of Bosnia and Hercegovina, Sarajevo, Bosnia and Hercegovina
Abstract
The paper analyzes the problems that conventions may encounter as an instrument of harmonization of international trade law. These problems are correlated with the possibility of different interpretations of the text by the courts of different states, or with different ways of filling legal gaps that exist in their text. They are particularly significant in a situation where there is no supreme interpreter of the text, and may lead to a failure of the harmonization project altogether. The UN Convention on the International Sale of Goods is one of the most successful instruments of harmonization. Because of that, we will try to understand how its rules on interpreting (of the text) and filling legal gaps (in the text) have led to its acceptance by both developed and developing countries, civil and common law traditions, as well as the countries of the former socialist bloc, and what can be learned from this when drafting new instruments of harmonization.
Keywords
UN Convention on the International Sale of Goods; CISG; interpretation; legal gaps
Hrčak ID:
280675
URI
Publication date:
30.6.2022.
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