Document Type

Article

Publication Title

Loyola of Los Angeles Law Review

Abstract

It is a common understanding among legal scholars that comparative law serves other important purposes beyond the acquisition of knowledge. It undoubtedly aids in the preparation of legal texts. Furthermore, comparative law both serves as a tool of construction and helps in the unification of law. By keeping these two functions in mind, this Essay will examine the relationship between the Uniform Commercial Code (UCC) and the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG). This Essay will not compare the aforementioned sets of rules. On the contrary, it will show that this comparison, though interesting and stimulating, serves hardly any practical purpose. One can go even further and state that the results of similar comparisons undertaken by other scholars-for instance the assertion that the UCC's and CISG's basic concepts of good faith and trade usages are similar in approach and content - are misleading. Although the UCC has greatly influenced the CISG, it is impossible and even perilous to assert that the aforementioned sets of rules are similar in content, or, even worse, that they "are sufficiently compatible to support claims of overall consistency." An awareness of the UCC's influence might aid in understanding the CISG, especially with respect to issues which the Convention's legislative history demonstrates this influence. It is, however, impermissible and dangerous to assert that the concepts of the CISG and the UCC are analogous.

First Page

1021

Volume

29

Publication Date

1996

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