Article by Luiz Olavo Baptista
As one of the most important in-roads made into the codification of international trade law, the UNIDROIT Principles for International Commercial Law (UNIDROIT Principles) undoubtedly reflect the degree of dedication felt, and the level of academic exigency undertaken, by their compiler, Professor Joachim M. Bonell, and, as such, rank among the most important of UNIDROIT's contributions. Although it does not behoove us to chronicle either the history of the International Institute for the Unification of Private Law (UNIDROIT) or the UNIDROIT Principles in this text, it must be recognized that the UNIDROIT has been directing itself to the task of unifying and harmonizing private law for more than half a century, and that more than ten of these years have witnessed its dedication to the study, research, discussion, and compilation of the UNIDROIT Principles. The foremost feature of the UNIDROIT Principles probably lies in the fact that they represent a broad codification of rules common to differing national systems relevant to international commercial contracts. Evidently, this aspect implies a consensual collation in which each expression and phrase has been discussed, thought over, and chosen by the participants in keeping with their respective national legal systems. One only wishes, however, that the number of participants had been greater.
The UNIDROIT Principles are divided into chapters spanning the following areas: general rules, contract format, validity, interpretation, content, execution, hardship, inexecution, conclusion, damage, and indemnity. Being presented so comprehensively for discussion and eventual use, international private law aspects are rendered accessible for study. Undoubtedly, anyone trained in the subject would readily want to know how to qualify them and, given that a satisfactory answer was forthcoming, what problems might arise in the course of their application. Such questions set the goals for our exploration of the theme.
About the Author
Luiz Olavo Baptista. LL.B. Pontifical Catholic University of Sao Paulo; Docteur en Droit, Paris II University; Livre Docente, Sao Paulo University Law School.
Citation
69 Tul. L. Rev. 1209 (1995)