عنوان

Good faith and negotiations in the CISG :

Number

TLets726803

Title Proper

Good faith and negotiations in the CISG :

General Material Designation

[Thesis]

First Statement of Responsibility

Karim, Younis Mahmmod

Title Proper by Another Author

a comparative study with Iraqi law, Islamic Sharia and English law

Name of Publisher, Distributor, etc.

Glasgow Caledonian University

Date of Publication, Distribution, etc.

2017

Dissertation or thesis details and type of degree

Thesis (Ph.D.)

Text preceding or following the note

2017

Text of Note

This research analyses the concept of good faith and contract negotiation under the UN Convention on Contracts for the International Sale of Goods (CISG) by comparing and studying the principle in English law, Islamic law, and Iraqi law. The desire to establish a uniform law for contracts for the international sale of goods led to the development of the CISG. However, successful implantation and application of the Convention is hindered to some extent by the divergent interpretations and applications of the good faith provisions by national courts, international private law and arbitral tribunals because of the lack of harmonised conceptualisation of good faith at an international level under the CISG. This research seeks to address the application of good faith under the CISG through a conceptual study of this principle using comparative analysis, demonstrating that good faith is commonly considered and represented across legal systems in which it is used as an implied term for interpreting contracts. The thesis explores the concept of good faith by critically analysing its relationship with contractual rules, the consequences of its application in contractual agreements, and its role and importance in national legal systems, international private law and other international legal instruments. A critical analysis of the drafting history and authentic text of Article 7 of CISG shows that it is possible to implement good faith in the CISG more widely. This work also critically reviews transnational CISG cases that refer to the concept of good faith to establish that the jurisprudence has adopted good faith as a general principle in the CISG.

Karim, Younis Mahmmod

Glasgow Caledonian University

Electronic name

p

[Thesis]

276903

a

Y