Buna-credință în Vânzarea Internațională
Good Faith in International Sales Law

Summary/Abstract: The article seeks to provide a comparative and comprehensive analysis of the concept of good faith according to the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980), UNIDROIT Principles and Principles of European Contract Law. The essay attempts to demonstrate that good faith should be observed in negotiation, conclusion and performance of the contract. It is not intended to precisely define the concept of good faith, but a proper understanding and application of the concept in international sales contracts, in order to obtain uniformity and efficiency. The analysis offered by the article is based on the examination of the nature, scope and function of art. 7 of the United Nations Convention on Contracts for the International Sale of Goods, which expressly prescribes the direction that the Convention's interpretation and application should follow. In Vienna Convention good faith must be viewed from a dual perspective. First good faith must be used in interpreting the Convention. Secondly it regulates the behavior of the contractual parties. Good faith therefore has two distinct functions. First good faith is examined as a state of mind (art. 7) and secondly it is looked at as a principle found in various articles (art. 16, 29, 38, 49).

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