Use of the UNIDROIT Principles of International Commercial Law as a Common Frame of Reference

TY - CONF

T1 - Use of the UNIDROIT Principles of International Commercial Law as a Common Frame of Reference

AU - Lookofsky, Joseph

PY - 2018

Y1 - 2018

N2 - The preamble to the Unidroit Principles on International Commercial Contracts (‘UPICC’) lists – among the various uses to which these Principles may be put to work – the possibility of resorting to this body of soft law in order to ‘interpret or supplement domestic law...’. Although no Danish legislative enactment has ever addressed the possible use of the UPICC as a means to ‘interpret’ or ‘supplement’ domestic contract law, Danish legal scholars frequently refer to the UPICC, both as a general body of contract law and as regards many of its specific provisions. These scholars also sometimes refer to the UPICC in combination with other instruments of uniform law, including the UN Convention on Contracts for the International Sale of Goods (CISG), not least because the CISG was the model for numerous UPICC rules. In this respect, the UPICC provides evidence of the internationalization (globalization) of law, and Danish scholars expect that trend to continue, in that that unwritten (judge-made) general principles of Danish domestic law as regards Contracts and Obligations will, in the long term, increasingly be inspired and affected by foreign and international rules of law.

AB - The preamble to the Unidroit Principles on International Commercial Contracts (‘UPICC’) lists – among the various uses to which these Principles may be put to work – the possibility of resorting to this body of soft law in order to ‘interpret or supplement domestic law...’. Although no Danish legislative enactment has ever addressed the possible use of the UPICC as a means to ‘interpret’ or ‘supplement’ domestic contract law, Danish legal scholars frequently refer to the UPICC, both as a general body of contract law and as regards many of its specific provisions. These scholars also sometimes refer to the UPICC in combination with other instruments of uniform law, including the UN Convention on Contracts for the International Sale of Goods (CISG), not least because the CISG was the model for numerous UPICC rules. In this respect, the UPICC provides evidence of the internationalization (globalization) of law, and Danish scholars expect that trend to continue, in that that unwritten (judge-made) general principles of Danish domestic law as regards Contracts and Obligations will, in the long term, increasingly be inspired and affected by foreign and international rules of law.

M3 - Paper

T2 - 20th General Conference of the International Academy of Comparative Law

Y2 - 22 July 2018 through 28 July 2018

ER -