Publication details

Interpretace smluvních ujednání a jednostranných prohlášení stran v prostředí mezinárodního obchodu

Title in English Interpretation of Contract`s Terms and Partie`s Unilateral Declaration in International Trade Area
Authors

ROZEHNALOVÁ Naděžda

Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

Citation
Web Open access časopisu
Keywords Contracting; Contractual Interpretation; Incorporation of Standard Terms and Conditions; International Trade Relations; Rules of Interpretation; UN Convention on Contracts for the International Sale of Goods.
Attached files
Description The contractual interpretation is of fundamental importance in the international trade relations. Different notions of parties about the interpretation of particular statements or agreements may complicate business transactions and even lead to litigation. This question is interesting in connection with the application of the UN Convention on Contracts for the International Sale of Goods, because the existence of the unified law does not guarantee the same result of a decision. On the contrary, possible differences in interpretation and consequently in the application of the unified rules diminish its importance. The article deals in particular with the analysis of the rules of interpretation and with the treatment of some special clauses or principles, which are available in the international contract practice. Special attention is paid to the issue of the incorporation of standard terms and conditions into the contract. The author concludes that the contractual interpretation shows a number of specifics in the international context and emphasizes the need for an ad hoc approach based on the assessment of the circumstances of a particular case.