Relational contract theory and the CISG – a new interpretational framework?

The present chapter sets up an interpretive framework for the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG), drawing on relational contracting theory. We analyse the theoretical constructs needed to incorporate relational contract theory into the framework of the CISG and isolate four key traits which demonstrate the point that the CISG is compatible with relational contracting and that its uniform and autonomous interpretation transnationally can be aided by relying on this. By analysing some examples from existing caselaw, we promote the idea that a more congruous and consistent approach could be aided by applying this pragmatic approach to basic contract interpretations, inside the mandate of the CISG.

Publication Details

Journal
UWA Profiles and Research Repository (UWA)
Published
2025-02-21
Primary Topic
European and International Contract Law
Type
article
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article

Relational contract theory and the CISG – a new interpretational framework?

UWA Profiles and Research Repository (UWA)
European and International Contract Law
article

Relational contract theory and the CISG – a new interpretational framework?

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Abstract

The present chapter sets up an interpretive framework for the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG), drawing on relational contracting theory. We analyse the theoretical constructs needed to incorporate relational contract theory into the framework of the CISG and isolate four key traits which demonstrate the point that the CISG is compatible with relational contracting and that its uniform and autonomous interpretation transnationally can be aided by relying on this. By analysing some examples from existing caselaw, we promote the idea that a more congruous and consistent approach could be aided by applying this pragmatic approach to basic contract interpretations, inside the mandate of the CISG.

UWA Profiles and Research Repository (UWA)
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Openalex Percentile: Top 25%
European and International Contract Law
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Relational contract theory and the CISG – a new interpretational framework? · UWA Profiles and Research Repository (UWA) (2025) | TGRS Research Map | TGRS