Schlechtriem, Peter (ed.), English Commentary on the UN Convention on the International Sale of Goods (CISG), Comment on Art. 7 by Rolf Herber, Oxford 1998

36" Specific cases. The CISG alreadysets out-more or less clearly-some important principles that are of significance for thepurpose of gap-filleng. They are: the priority enjoyed by the intention of the parties (Article 6), the taking into account of usages (Article 9), and the principle thatdeclarations may be made without observing requirements as to form (Article 11), the latter principle being subject to the exception - to be narrowly construed - in Article 12.

37" Other principles can be derived from the need for the observance of good faith. They include, in particular, the prohibition of the misuse of rights58 - especially in the context of speculation when exercising rights - and also venire contra factum proprium; those principles also find expression in Article 80.

38" The following principles capable of general application are expressed in provisions of the CISG: a party's conduct is to be measured against objective criteria determined by the views of a `reasonable person of the same kind';59 declarations are to be interpreted primarily according to their objective meaning;60 whenever necessary, the parties must inform each other of developments;61 an impending loss is to be mitigated as far as possible.62

58Cf. Enderlein/Maskow/Strohbach, Art 7, note 9.1; Heuzé, note 95; Honnold, para 99. OnULIS OLG Karlsruhe, IPRax 1987, 237, 239 with comments. Herber, EWiR 1 /86 an Art 39 ULIS and Weitnauer, IPRax 1987, 221.
59Cf. Art 8(2). The requirement that good commercial practice of international trade be observed is of general application; cf. also Enderlein/Maskow/Strohbach, cited in n. 58 above; on ULIS Mertens/Rehbinder, Art 7 EKG, 22.
60Cf. Art 8(1)
61Also Honnold, para 100; Enderlein/Maskow/Strohbach, cited in n.58 above.
62Arts 77, 85, and 86. Honnold, para 101; Heuzé, note 95.

Referring Principles
Trans-Lex Principle: I.2.2 - Trade usages
Trans-Lex Principle: I.1.3 - Forfeiture of rights
Trans-Lex Principle: I.1.2 - Prohibition of inconsistent behavior
Trans-Lex Principle: IV.4.1 - Freedom of form
Trans-Lex Principle: IV.5.1 - Intentions of the parties
Trans-Lex Principle: IV.6.9 - Duty to notify / to cooperate
Trans-Lex Principle: VII.4 - Duty to mitigate
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