Attaining uniformity in the meaning and application of good faith in international trade instruments

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dc.contributor.advisorBradfield, Grahamen_ZA
dc.contributor.authorGariseb, Adolf Nanaen_ZA
dc.date.accessioned2016-07-26T12:21:13Z
dc.date.available2016-07-26T12:21:13Z
dc.date.issued2016en_ZA
dc.description.abstractThe objective of this dissertation is to ascertain whether it is possible to have a universally acceptable meaning of good faith and if indeed such a meaning can finally lead to uniformity in the application of the concept in international commercial transactions. It will be argued that such uniformity is possible but that it cannot be achieved without addressing the obstacles that have prevented a uniform adoption of the concept to date and how such difficulties can be solved in international trade. In answering the above question the dissertation will look into the meaning and application of the concept of good faith within international trade instruments, primarily article 7(1) and (2) of the Convention on the International Sale of Goods (CISG); article 1.7 of the UNIDROIT Principles on International Commercial Contracts, and the Principles of European Contract Law (PECL). The purpose of considering these instruments is to identify the current difficulties in the meaning and application of good faith in international commercial transactions and how they can be addressed if uniformity is to be attained. Furthermore the dissertation will also examine the different definitions of good faith and the methods of application adopted by major European legal systems, particularly the German civil code, the Dutch civil code, the Uniform Commercial Code and the position in English law. The purpose for considering these domestic legislations is to identify the possible meaning and application that will be given to good faith in situations where courts and tribunals gap fill with reference to national laws.en_ZA
dc.identifier.apacitationGariseb, A. N. (2016). <i>Attaining uniformity in the meaning and application of good faith in international trade instruments</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/20797en_ZA
dc.identifier.chicagocitationGariseb, Adolf Nana. <i>"Attaining uniformity in the meaning and application of good faith in international trade instruments."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2016. http://hdl.handle.net/11427/20797en_ZA
dc.identifier.citationGariseb, A. 2016. Attaining uniformity in the meaning and application of good faith in international trade instruments. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Gariseb, Adolf Nana AB - The objective of this dissertation is to ascertain whether it is possible to have a universally acceptable meaning of good faith and if indeed such a meaning can finally lead to uniformity in the application of the concept in international commercial transactions. It will be argued that such uniformity is possible but that it cannot be achieved without addressing the obstacles that have prevented a uniform adoption of the concept to date and how such difficulties can be solved in international trade. In answering the above question the dissertation will look into the meaning and application of the concept of good faith within international trade instruments, primarily article 7(1) and (2) of the Convention on the International Sale of Goods (CISG); article 1.7 of the UNIDROIT Principles on International Commercial Contracts, and the Principles of European Contract Law (PECL). The purpose of considering these instruments is to identify the current difficulties in the meaning and application of good faith in international commercial transactions and how they can be addressed if uniformity is to be attained. Furthermore the dissertation will also examine the different definitions of good faith and the methods of application adopted by major European legal systems, particularly the German civil code, the Dutch civil code, the Uniform Commercial Code and the position in English law. The purpose for considering these domestic legislations is to identify the possible meaning and application that will be given to good faith in situations where courts and tribunals gap fill with reference to national laws. DA - 2016 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2016 T1 - Attaining uniformity in the meaning and application of good faith in international trade instruments TI - Attaining uniformity in the meaning and application of good faith in international trade instruments UR - http://hdl.handle.net/11427/20797 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/20797
dc.identifier.vancouvercitationGariseb AN. Attaining uniformity in the meaning and application of good faith in international trade instruments. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2016 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/20797en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherInternational Trade Lawen_ZA
dc.titleAttaining uniformity in the meaning and application of good faith in international trade instrumentsen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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