Unidroit principles applicable to international commercial contracts
| Author | Dan Olimpiu Gabor |
| Position | Department of Private Law, <I>Transilvania</I> University of Braşov. |
| Pages | 199-202 |
Page 199
UNIDROIT principles stand for modern "ius commune", a species of general code of principles, applicable to all commercial contracts and especially to the contracts of international commercial sale. International commercial tradeoffs and their continuous development imply the existence of regulations such as laws, conventions, treaties, juridical instruments meant to ensure juridical security and stability to the tradesmen and respectively commercial relations. The process of elaborating uniform regulations in the field of international trade not only unfolds in the sphere of the direct relations among the States, but most often under the auspices of international organizations. The contract of international trade is the juridical instrument through which the operations are achieved, both in the sphere of the commercial relations, and of economic and technical-scientific cooperation. The creation of a juridical regime which, through uniformity and harmonization, should go beyond difficulties and uncertainties obstructing trade-off relations is a sine qua non condition for guaranteeing and developing international commerce and economic progress. The first studies necessary for the legislative uniformity of the international commercial sale were carried out in the year 1929 by the International Institute for the Unification of Private Law (UNIDROIT) at the proposal of the German jurist Ernst Rabel. [6] Any business (investment) starts off with a business plan, on whose basis the business defining elements are settled, respectively the project feasibility, profitability and costs etc. The business plan is based on known elements, both of the state of affairs and of the state of internal and international law, at a givenPage 200moment, and of the previsions upon their modification during the unfolding of the contracts, which concur to attain the goal pursued by the investor. But, the longer the term for achieving the goal, the lesser the possibility for the accurate achievement of the advanced previsions in the business plan. On the basis of the business plan, international commercial contracts are clinched, which are negotiated and perfected under the conditions of a contractual equilibrium settled by the parts. During the execution of the contracts, events may appear, perturbing the initial contractual equilibrium settled by the parts. Such events are appreciated by the doctrine and by jurisprudence as risks. UNIDROIT principles settle the general rules applicable to international...
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