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1

UNIDROIT principles of international commercial contracts 2004. Rome: UNIDROIT, 2004.

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2

Bristol), International Congress of Comparative Law (15th 1998 University of. A new approach to international commercial contracts: The UNIDROIT principles of international commercial contracts. The Hague: Kluwer Law International, 1999.

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3

An international restatement of contract law: The UNIDROIT principles of international commercial contracts. Irvington, N.Y: Transnational Juris Publications, 1994.

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4

Bonell, Michael Joachim. An international restatement of contract law: The UNIDROIT principles of international commercial contracts. 2nd ed. Irvington-on-Hudson, N.Y: Transnational Publishers, 1997.

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5

International Institute for the Unification of Private Law., ed. The UNIDROIT principles of international commercial contracts: A governing law? Leiden: Martinus Nijhoff Publishers, 2008.

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6

Weida, Pan, and China. Shang wu bu. Tiao yue fa lü si., eds. Guo ji shang shi qi yue tong ze: UNIDROIT Principles of international commercial contracts. Taibei Shi: Xin xue lin chu ban gu fen you xian gong si, 2008.

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7

International Institute for the Unification of Private Law. Cláusulas modelo para el uso de los principios UNIDROIT sobre los contratos comerciales internacionales. Bogotá: Universidad Externado de Colombia, 2014.

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8

International Congress of Comparative Law (15th 1998 Bristol, England). A new approach to international commercial contracts: The UNIDROIT principles of interntional commercial contracts : XVth International Congress of Comparative Law, Bristol, 26 July-1 August 1998. The Hague: Kluwer Law International, 1999.

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9

Lückenergänzung und richterliche Rechtsfortbildung nach Art. 1.6 II der UNIDROIT-principles for international commercial contracts: Methode und Beispiele : Rückgewährschuldverhältnisse, postvertragliche Pflichten, objektive Beweislast. Frankfurt am Main: P. Lang, 2001.

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10

Olmos, Javier Mauricio Rodríguez. Principios UNIDROIT: Estudios en torno a una nueva lingua franca. Bogotá: Universidad Externado de Colombia, 2013.

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11

Colloquium, CEPANI International. Les principes unidroit relatifs aux contrats de commerce international (éd. 2010) et l'arbitrage: Actes du Colloque du CEPANI du 24 mai 2011 = De Unidroit-principes inzake internationale handelscontracten (editie 2010) en arbitrage : bijdragen aan het colloquium van CEPINA van 24 mei 2011. Bruxelles: Bruylant, 2011.

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12

Oser, David. Unidroit Principles of International Commercial Contracts: A Governing Law? BRILL, 2008.

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13

Bonell, Michael Joachim. An International Restatement of Contract Law: The Unidroit Principles of International Commercial Contracts. Transnational Juris Publications, 1995.

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14

Bonell, Michael Joachim. An International Restatement of Contract Law: The Unidroit Principles of International Commercial Contracts. 2nd ed. Transnational Publishers, 1998.

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15

Bonell, Michael. A New Approach to International Commercial Contracts - The UNIDROIT Principles of International Contracts. Kluwer Law International, 1999.

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16

Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC). Oxford University Press, 2015.

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17

Commentary on the UNIDROIT Principles of International Commercial Contracts (2004). Oxford University Press, USA, 2008.

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18

Commentary on the UNIDROIT principles of international commercial contracts (PICC). Oxford: Oxford University Press, 2009.

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19

1968-, Vogenauer Stefan, Kleinheisterkamp Jan, and International Institute for the Unification of Private Law., eds. Commentary on the UNIDROIT principles of international commercial contracts (PICC). Oxford: Oxford University Press, 2009.

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20

1968-, Vogenauer Stefan, Kleinheisterkamp Jan, and International Institute for the Unification of Private Law., eds. Commentary on the UNIDROIT principles of international commercial contracts (PICC). Oxford: Oxford University Press, 2009.

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21

Stefan, Vogenauer, ed. Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC). Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.001.0001.

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This new edition of the leading commentary on the Principles of International Commercial Contracts (PICC) has been updated to include the twenty-six additional provisions brought in by the PICC 2010. The text on the older provisions has been updated in order to draw together and comment on recent case-law and legal writing. This book provides commentary on the substantive rules on contracts with a comprehensive analysis of each provision, and relevant case law, and compares national provisions with the PICC. The topics of conditions, illegality and plurality of obligors and obligees are covered for the first time in this new edition.
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22

Joachim, Bonell Michael, ed. The UNIDROIT principles in practice: Caselaw and bibliography on the UNIDROIT principles of international commercial contracts. Ardsley, N.Y: Transnational Publishers, 2002.

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23

Bonell, Michael Joachim. The Unidroit Principles in Practice: Caselaw and Bibliography on the Unidroit Principles of International Commercial Contracts. Transnational Publishers, 2002.

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24

Bonell, Michael Joachim. The Unidroit Principles in Practice: Caselaw and Bibliography on the Unidroit Principles of International Commercial Contracts. 2nd ed. Hotei Publishing, 2006.

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25

The UNIDROIT principles for international commercial contracts: A new lex mercatoria? Paris, France: ICC Pub., 1995.

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26

Joachim, Bonell Michael, Monfeli Tommaso, and Centre for Comparative and Foreign Law Studies., eds. UNILEX: International case law & bibliography on the UNIDROIT principles of international commercial contracts. Ardsley, N.Y: Transnational Publishers, 2000.

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27

Unilex: International Case Law & Bibliography on the Unidroit Principles of International Commercial Contracts. Transnational Pub, 2000.

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28

Bonell, Michael Joachim. The Unidroit Principles in Practice: Caselaw and Bibliography on the Unidroit Principles of International Commeicial Contracts. Transnational Pub, 2002.

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29

Beraudo, Jean-Paul. The Unidroit Principles for International Commercial Contracts: A New Lex Mercatoria? (Development Centre Studies). ICC Publishing, 1995.

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30

Yildirim, Ahmet Cemil. Equilibrium in International Commercial Contracts: With Particular Regard to Gross Disparity and Hardship Provisions of the UNIDROIT Principles of International Commercial Contracts. Wolf Legal Publishers, W.L.P., 2011.

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31

1963-, Domingo Rafael, and International Institute for the Unification of Private Law., eds. Principios UNIDROIT: Sobre los contratos comerciales internacionales 2004 ; [director, Rafael Domingo]. Roma: UNIDROIT, 2007.

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32

Der Internationale Vertragsschlub: Ein Vergleich Von Un-kaufrecht, Unidroit-principles Und Principles Of European Contract Law. Peter Lang Pub Inc, 2003.

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33

Eleanor, Cashin-Ritaine, Lein Eva, and Institut suisse de droit comparé., eds. The UNIDROIT Principles 2004: Their impact on contractual practice, jurisprudence and codification ; reports of the ISDC colloquium (8/9 June 2006). Zürich: Schulthess, 2007.

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34

Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part I General Principles, 1 The Nature, History, and Sources of Commercial Law. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0002.

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Chapter 1 examines the nature of commercial law and transnational commercial law, identifies the forces driving the development of commercial law and gives a brief history of commercial law from the early codes to the present day. After identifying the sources of national commercial law, it goes on to examine the nature and sources of transnational commercial law, with a particular focus on international trade usage and the lex mercatoria and discusses complex issues relating to the binding nature of usage. Also discussed are the major types of international instrument — conventions, model laws, contractually incorporated rules and trade terms promulgated by international organisations such as the International Chamber of Commerce, standard-term contracts, and scholarly restatements such as the UNIDROIT Principles of International Commercial Contracts and the Commission on European Contract Law Principles of European Contract Law.
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35

The Hardship Approach In The Unidroit Principles Of International Commercial Contracts And Its Equivalent In German Law Of Obligations A Comparison. Grin Verlag, 2007.

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36

Stefan, Vogenauer. Ch.1 General Provisions, General Provisions I: Arts 1.1–1.3—Fundamental principles, Art.1.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0007.

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This commentary focuses on Article 1.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) regarding a fundamental principle of contract law: the principle of bindingness of contract, also known as ‘sanctity of contract’ or pacta sunt servanda — contracts validly concluded under the law are enforced by the law. The underlying rationale of the principle of bindingness of contract, and thus of Art 1.3, may be contested in contract theory. The bindingness of contracts allows parties to arrange their affairs and thus promotes legal certainty. The contract is only binding ‘upon the parties’. Persons who are not a party to the contract are not bound by it: an agreement of the parties to make a contract for the detriment of a third person is not valid. This commentary considers the implications of and exceptions to the principle of bindingness.
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37

Stefan, Vogenauer. Ch.1 General Provisions, General Provisions I: Arts 1.1–1.3—Fundamental principles, Art.1.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0005.

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This commentary focuses on Article 1.1, which deals with freedom of contract, the most important fundamental principle of contract law for contracts governed by the UNIDROIT Principles of International Commercial Contracts (PICC). Art 1.1 restates a general principle of law in the technical sense; that is, a principle common to the laws of all — or at least most — jurisdictions in the world. All modern contract laws recognize freedom of contract, albeit for different reasons and to varying degrees. Art 1.1 covers two aspects of contractual freedom: the first is the freedom to decide whether to conclude a contract at all, and with whom; the second is the freedom to contract on the terms desired by the parties. Limitations of the freedom to determine the content of the contract follow from mandatory rules of the PICC.
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38

Stefan, Vogenauer. Ch.1 General Provisions, General Provisions I: Arts 1.1–1.3—Fundamental principles, Art.1.2. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0006.

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This commentary focuses on Article 1.2, which spells out a fundamental principle of contract law: the principle of freedom from form, or ‘principle of informality’. No contract, statement, or other act made under the UNIDROIT Principles of International Commercial Contracts (PICC) requires a particular formality in order to be valid and enforceable; it is sufficient if these are made orally or by mere conduct. While the PICC admit for exceptions to some of their other fundamental contract law principles, the principle of freedom from form is executed in the purest form possible. It applies to the formation of contracts as well as to their subsequent modification and termination, it is reinforced by Art 3.1.2, and there is not a single exception to it. Art 1.2 covers relevant and mandatory formal requirements, formal requirements agreed by the parties, and the concept of ‘writing’.
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39

Francesca, Mazza. Ch.9 Assignment of rights, transfer of obligations, assignment of contracts, s.3: Assignment of contracts, Art.9.3.7. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0199.

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This commentary analyses Article 9.3.7 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the assignment of contracts that involves an assignment of rights. Transfer of contracts typically involve the transfer of both rights and obligations. With regard to rights transferred with the contract, Art 9.3.7 makes reference to the respective provisions in Sections 9.1 and 9.2 of the PICC. Arts 9.1.14 and 9.2.8 apply accordingly when a contract is transferred. As to the terminology when applying Art 9.2.8 to the transfer of a contract, the assignor of the contract is referred to as the ‘original obligor’, the assignee as the ‘new obligor’, and the other party as the ‘obligee’.
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40

Francesca, Mazza. Ch.9 Assignment of rights, transfer of obligations, assignment of contracts, s.3: Assignment of contracts, Art.9.3.6. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0198.

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This commentary analyses Article 9.3.6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning defences and rights of set-off with respect to assignment of contracts. Transfer of contracts typically involve the transfer of both rights and obligations. With regard to defences and set-off, Art 9.3.6 makes reference to the respective provisions in Sections 9.1 and 9.2 of the PICC. Accordingly, Arts 9.1.13 and 9.2.7 apply when a contract is transferred. With regard to the terminology when applying Art 9.2.7 to the transfer of a contract, the assignor of the contract is referred to as the ‘original obligor’, the assignee as the ‘new obligor’, and the other party as the ‘obligee’.
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41

Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.8. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0091.

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This commentary focuses on Article 5.1.8 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning a contract for an indefinite period. Art 5.1.8 stipulates that a contract for an indefinite period maybe ended by either party by giving notice a reasonable time in advance. Art 5.1.8 deviates from the principle of pacta sunt servanda and is in contrast with the idea of favor contractus. As far as its requirements are concerned, it permits the unilateral cancellation of contracts concluded for an indefinite period without any further justification. This commentary discusses the requirements for a contract for an indefinite period, with particular emphasis on contract required by good faith and notice given a reasonable time in advance. It also considers the legal consequences of an ending contract, along with the burden of proof of the party wishing to bring the contract to an end.
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42

Francesca, Mazza. Ch.9 Assignment of rights, transfer of obligations, assignment of contracts, s.3: Assignment of contracts, Art.9.3.4. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0196.

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This commentary analyses Article 9.3.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the obligee's advance consent with respect to the assignment of contracts. Article 9.3.3 states that the obligee may give its consent in advance, in which case the assignment of contract becomes effective when a notice of assignment is given to the other party or when the other party acknowledges it. ‘In advance’ means that it can be given before the assignor and the assignee agree on the transfer of contract. The consent can be given before an obligation contained in the contract is due or comes into existence (provided that the contract exists). Notification can be made by either the assignor or the assignee.
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43

Francesca, Mazza. Ch.9 Assignment of rights, transfer of obligations, assignment of contracts, s.3: Assignment of contracts, Art.9.3.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0193.

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This commentary analyses Article 9.3.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the assignment of contracts and its definition. Under Art 9.3.1, ‘assignment of a contract’ means the transfer by agreement from one person (the ‘assignor’) to another person (the ‘assignee’) of the assignor's rights and obligations arising out of a contract with another person (the ‘other party’). This commentary discusses legal transfers and the ‘no form required’ rule with respect to transfer by agreement between assignor and assignee, as well as the obligee's consent as a requirement for the transferred obligations. It also considers the notion of transfer, object of the transfer, and the issue of time in the transfer.
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44

Francesca, Mazza. Ch.9 Assignment of rights, transfer of obligations, assignment of contracts, s.3: Assignment of contracts, Art.9.3.2. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0194.

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This commentary analyses Article 9.3.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning exclusion in the assignment of contracts. Art 9.3.2 clarifies that Section 9.3 of the PICC does not apply to transfers made under special (domestic) rules governing the transfer of contracts in the course of transfer of business. These types of assignment are generally subject to specific and distinct rules under the applicable domestic law, under which all contracts are transferred under certain conditions in their entirety by operation of law. However, the PICC apply to the transfer of any individual or specific contracts pertaining to the transferred business.
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45

Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part II A View Through Illustrative Contracts and Harmonizing Instruments, 10 Agency and Distribution. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0011.

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This chapter examines the different understandings of agency in common law and civilian jurisdictions, noting both its internal and external aspects and direct and indirect agency. It also examines the capacity of agents of a company, in particular its directors, to bind the company. The European Directive on Commercial Agents, which deals with the internal agency relationship, is a major development in this field and consideration is given to its scope and the approach to its interpretation. Less influential in practice has been the UNIDROIT Convention on Agency in the International Sale of Goods but its central provisions are examined alongside the agency provisions to be found in the UNIDROIT Principles and the PECL. Finally, consideration is given to franchising and in particular to the role which UNIDROIT has played in bringing about a greater degree of harmonisation in this area.
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46

Francesca, Mazza. Ch.9 Assignment of rights, transfer of obligations, assignment of contracts, s.1: Assignment of rights, Art.9.1.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0170.

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This commentary analyses Article 9.1.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the definition of the notion of ‘assignment’. Art 9.1.1 defines the assignment of a right as the transfer by agreement. Regarding the terminology, the UNIDROIT Working Group preferred the term ‘assignment of a right’ over ‘transfer of a right’ in the light of the fact that, in some legal systems, transfer is a broader term which includes a transfer by operation of law. In principle, the assignment becomes effective and the transfer occurs at the time of the agreement. However, this is only correct with regard to the assignor and a single assignee. This commentary discusses the notion of transfer, transfer by agreement between assignor and assignee, object of the transfer, and the time aspect of transfer.
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47

Solène, Rowan. Ch.5 Content, third party rights and conditions, s.3: Conditions, Art.5.3.2. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0102.

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This commentary focuses on Article 5.3.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the effect of suspensive and resolutive conditions. Art 5.3.2 explains how suspensive and resolutive conditions operate. When a suspensive condition is fulfilled, the contract or obligation becomes effective. On the fulfilment of a resolutive condition, the contract or obligation ceases to have effect and the obligation to perform is discharged. Suspensive and resolutive conditions therefore have symmetrically opposite effects. In both cases, however, the binding force of the contract or obligation is at stake. This commentary also discusses non-retroactivity as a principle.
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48

Yesim, Atamer. Ch.6 Performance, s.1: Performance in general, Art.6.1.10. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0115.

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This commentary analyses Article 6.1.10 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning monetary obligation that is not expressed in a particular currency. In principle, the parties define in their contract in which currency the debt is to be calculated. If the contract is silent in this respect and the common intention of the parties cannot be established by interpretation, Art 6.1.10 stipulates that the currency at the place of performance is decisive. The need to apply the subsidiary rule of Art 6.1.10 arises, for example, when parties have not fixed the price at all. If it is not clear under the contract which currency is contracted for, the burden of proof falls on the party that claims that it is a currency other than the currency at the place of performance.
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49

Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part III Harmonization of General Contract Law, 16 Restatements of Contract Law. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0017.

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This chapter examines non-binding restatements of contract law, in particular the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. It considers the nature, purposes, scope, sphere of application, and substantive content of these Principles (including freedom of contract, pacta sunt servanda, good faith, interpretation, adequate assurance of performance, specific performance, and other remedies and hardship and change of circumstances). The chapter considers the extent to which these Principles can be used in litigation and in arbitration and their relative advantages and disadvantages.
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50

Francesca, Mazza. Ch.9 Assignment of rights, transfer of obligations, assignment of contracts, s.3: Assignment of contracts, Art.9.3.5. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0197.

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This commentary analyses Article 9.3.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the circumstances under which the assignor (that is, the original obligor with respect to the transferred obligations) is discharged. As a default rule, Art 9.3.5(3) applies, unless the other party has agreed to discharge the assignor under Art 9.3.5(1) or (2). Under Art 9.3.5(3), the assignor and the assignee are jointly and severally liable. Transfer of contracts may involve the transfer of a number of obligations. In this event, the other party may choose to exercise different options in respect of the different obligations. Art 9.3.5(3) does not require the other party to express a choice. If it remains silent, the default rule of joint and several liability applies.
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