Uniform Contract Law needs to be interpreted in a uniform manner to serve its pur- pose. Until now, the analysis of uniformity has focused on the need to prevent an interpretation rooted in non-uniform legal cultures (common law or civil law, primarily). Without brushing aside this issue, the article propounds that the challenges of the principle of uniform interpretation do not end here. The context of commer- cial transactions at the moment when the Vienna Convention on International Sales was very different from the present one, and there are scenarios its drafters could not bear in mind. Ignoring such scenarios is a mistake, and in this article advocates the need to foster an interpre- tation based on the Convention's principles, and not so much its rules. Along the different hypot- hetical cases the article tries to show how, even if it may seem paradoxical at first sight, the principle of uniform interpretation can, someti- mes, require different solutions. Upon such fle- xibility, and the Convention's ability to adjust may lie part of its success as the Contract Law of the XXIst Century.
Derecho uniforme, interpretación uniforme y sus retos evolutivos. De la diversidad en las jurisdicciones a la diversidad en las transacciones y contextos comerciales
RAMOS MUNOZ, DAVID
2012
Abstract
Uniform Contract Law needs to be interpreted in a uniform manner to serve its pur- pose. Until now, the analysis of uniformity has focused on the need to prevent an interpretation rooted in non-uniform legal cultures (common law or civil law, primarily). Without brushing aside this issue, the article propounds that the challenges of the principle of uniform interpretation do not end here. The context of commer- cial transactions at the moment when the Vienna Convention on International Sales was very different from the present one, and there are scenarios its drafters could not bear in mind. Ignoring such scenarios is a mistake, and in this article advocates the need to foster an interpre- tation based on the Convention's principles, and not so much its rules. Along the different hypot- hetical cases the article tries to show how, even if it may seem paradoxical at first sight, the principle of uniform interpretation can, someti- mes, require different solutions. Upon such fle- xibility, and the Convention's ability to adjust may lie part of its success as the Contract Law of the XXIst Century.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
