The Role of Good Faith in the United Nations Convention on Contracts for the International Sale of Goods (CISG)
thesisposted on 06.01.2016, 16:24 by Obaid Khalfan Almutawa
This thesis examines the concept of good faith as one of the most controversial concepts in the United Nations Convention on Contracts for the International Sale of Goods (CISG). While some CISG scholars argue that the role of good faith is limited to the interpretation of the CISG, others view good faith in the CISG as a general principle which governs the conduct of the contracting parties. This thesis argues that the nature of the concept, its implicit manifestations in the CISG and the understanding of the transnational case law prove that there are good reasons to consider a broader approach of good faith in the CISG. The thesis tries to explore the concept of good faith by critically analysing its connection with other contractual rules, the implication of applying good faith in contractual agreement and its role in national legal systems and international legal instruments. Following the good faith insight, the author explores the vague structure of Article 7 CISG which caused an element of confusion over the role of good faith. The authentic texts and the draft history of Article 7 critically analysed to show that a wider application of good faith in the CISG is possible. In addition, the general role of good faith is enhanced by classifying and elaborating some of the functions of good faith as it is implicitly manifest in the CISG.A list of CISG transnational cases which referred to the concept of good faith are critically reviewed to establish that the actual jurisprudence is going to adopt good faith as a general principle in the CISG. The conclusion raises important issues related to the need to adopt a general role for good faith and methods to improve our understanding of good faith in the CISG.