CISG - Preamble Go to Database Directory || Go to Table of Contents to Annotated Text of CISG


ANNOTATED TEXT OF CISG
Preamble

Report on different opinions as to legal importance of Preamble


EDITOR: Albert H. Kritzer

Opinions differ as to the legal importance of this Preamble.

In certain jurisdictions, e.g., the United States, the legislative process is such that additions to Bills are from time to time inserted at the last moment with minimal discussion by the legislators, yet when the Bill is enacted, such provisions have the same force of law as other provisions. Similarly, this Preamble has the same force of law as the other provisions of the Convention. Even so, Enderlein & Maskow point out that different jurisdictions regard preambles differently. They state: "Opinions differ in the legal systems as to the legal importance of preambles. In the Eastern European countries preambles, in general, define in a binding way the social function of the perspective legal act. That definition is then decisive when it comes to interpreting such act. In common law countries, however, where skepticism prevails in regard to general principles, they play a negligible role. . . ." Fritz Enderlein & Dietrich Maskow, op. cit.


Pace Law School Institute of International Commercial Law - Last updated March 2, 2005
Comments/Contributions

Go to Database Directory || Go to Table of Contents to Annotated Text of CISG