The internationally uniform courtroom application of Article 39 (1) CISG

Abstract

This work briefly introduces the CISG as such, describing its history and goals, as well as the objectives, application and exceptions of Article 39 (1) of CISG in terms of the concept of “reasonable time” and how this flexible definition exists within the framework of a uniform law, which in essence is the CISG. The purpose of this study is to disclose the criteria of "reasonableness", explaining its application in legal practice, including on case law of different contracting states, like the USA, Germany, Latvia, and different legal systems – common law and civil law, in order to eventually answer two main research questions: whether the principle of “reasonable time” is applied uniformly within the framework of a uniform law, regardless of the national legislation of the parties, and why a uniform approach to the interpretation of such flexible principles is extremely important for international trade, discussing the options how is it possible to ensure the uniform approach to interpretation.