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Title: Good faith and negotiations in the CISG : a comparative study with Iraqi law, Islamic Sharia and English law
Author: Karim, Younis Mahmmod
ISNI:       0000 0004 6422 1988
Awarding Body: Glasgow Caledonian University
Current Institution: Glasgow Caledonian University
Date of Award: 2017
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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.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available