Interpretation of article 74 - Zapata Hermanos v Hearthside Baking: where next?

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Zeller, Bruno (2004) Interpretation of article 74 - Zapata Hermanos v Hearthside Baking: where next? Nordic journal of commerical law (1). pp. 1-11. ISSN 1459-9686

Abstract

This paper attempts to have another look at he debate considering that the “heat of the battle” has subsided. It is argued that any solution - at least in a theoretical way - needs to look at the words as they appear at “first glance” without loosing sight of the purpose of the convention as a whole. In other words “attorneys” fees are placed back into the four corners of the convention and applied within that context. Attention is given to the fact that, as the words in the CISG are not “technical” in nature, the method of interpretation cannot be “technical” in nature either.

Item type Article
URI https://vuir.vu.edu.au/id/eprint/1368
Official URL http://www.njcl.fi/1_2004/commentary1.pdf
Subjects Historical > RFCD Classification > 390000 Law, Justice and Law Enforcement
Historical > Faculty/School/Research Centre/Department > School of Law
Keywords article 74, CISG, law interpretation
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