Abstract

General principles play an important and effective role in gap-filling CISG. According to Article (7/2) of CISG, they take precedence over private international law rules . What is striking is that it is not defined them in academic studies (according to my knowledge), which they have studied contented with defining it in general. Some of these general principles are provided in one article of CISG, while others are provided in more than one article not necessarily systematically interrelated or contained in one chapter. On the other hand, there is a general principles that can be conclusion from the one article that can be generalized to similar cases.There are multiple approaches to gap-filling. The first approach considers legislation a guarantor of its gap filling, meaning that the process of gap filling is through the text of the legislation itself, which is called the (True code approach). The second approach, called (Meta-code approach), depends on external general principles. The third approach is a mixture of both of the approaches, which is dependent by CISG, with priority given to general principles over private international law rules according to article (7/2) of CISG.It is worth noting that the general principles of gap-filling of CISG are not resorted to unless the issue falls within the scope of the Convention, and its texts have not settled it. These general principles shall be included in the texts of the convention (such as the principle of good faith, reasonableness, estoppel etc.). As for what is not included in the convention, such as hardship and the rate of interest, the rules of private international law apply

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The article was added to IASJ on 2023-02-12

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