Go to Database Directory || Go to Table of Contents to Annotated Text of CISG
Search the entire CISG Database (case data + other data)


ANNOTATED TEXT OF CISG
Article 8

(1) For the purposes of this Convention statements made by and other conduct of a party are to be interpreted according to his intent where the other party knew or could not have been unaware what that intent was.

(2) If the preceding paragraph is not applicable, statements made by and other conduct of a party are to be interpreted according to the understanding that a reasonable person of the same kind as the other party would have had in the same circumstances.

(3) In determining the intent of a party or the understanding a reasonable person would have had, due consideration is to be given to all relevant circumstances of the case including the negotiations, any practices which the parties have established between themselves, usages and any subsequent conduct of the parties.

Legislative history || Case law || Scholarly writings || Links to related articles || Words and phrases || CISG (full-text)


Guide to this article


Legislative history


Case law


Scholarly writings on this article

The cisgw3 bibliography contains over 8,000 citations. It is therefore likely that, in addition to case law, you will find scholarly literature - often a wealth of such literature - on virtually every aspect of the CISG you research.


Links to related articles


Words, phrases and concepts


Pace Law School Institute of International Commercial Law - Last updated January 15, 2014
Comments/Contributions
Go to Database Directory || Go to Table of Contents to Annotated Text of CISG