Le Role du Jugement Etranger dans l'Interpretation du Droit Conventionnel Uniforme

By Marie-Camille Pitton

In common law countries, it is widely accepted that a judgment contains such a norm that can have a general application. In such countries, judgments are accepted as a source of law. The legal interpretation they contain could and should be followed in cases presenting certain factual similarities. It is interesting to note that judges in common law countries tend to consult not only judgments emanating from their national courts but also, and especially in difficult cases, foreign judgments. The unification of international commercial law was undertaken decades ago. This enterprise has been perceived as a tool for promoting international trade by providing for a uniform set of rules applying in a certain field of activity, i.e., the international sale of goods, the enactment of letters of guarantee, etc. However, and despite many conventions that have been drafted, signed, and ratified by an increasing number of countries, uniformity remains an elusive goal. The purpose of this book is to study how the consultation of foreign judgments interpreting uniform law conventions would be a powerful tool to overcome the so-called problem of divergent interpretation of uniform law conventions. (PLEASE NOTE: This book is published in French. Each chapter includes an English language summary.)


614 pages

Publication Date: 11/8/2013
Format: Cloth
ISBN: 9789490947811