Article by Hernany Veytia
One often hears: A civil-law system differs from a common-law system much as rationalism differs from empiricism or deduction from induction. The civilian naturally reasons from principles to instances, the common lawyer from instances to principles. The civilian puts faith in syllogism, the common lawyer in precedents; the first silently asks himself as each new problem arises, “What should we do this time?” and the second asks in the same situation, “What did we do last time?”
These statements certainly oversimplify and misrepresent the differences between the two legal traditions. Nevertheless, the needs of international commercial practice break down the barriers produced by the different legal backgrounds, whether common law, civil law,Muslim law, or some other law. In this symposium, we are dealing with a new approach for international commercial contracts—an international restatement of contract law.
The UNIDROIT Principles of International Commercial Contracts (UNIDROIT Principles) are not intended to form a binding international convention, but rather are meant to be used both as a model in the drafting of international contracts and in the determination of the applicable law. The UNIDROIT Principles also constitute a source of guidance for judges and arbitrators deciding disputes involving international contracts, in much the same manner as the lex mercatoria has historically been used. Furthermore, the UNIDROIT Principles may be useful as a source of inspiration in the preparation of new law, whether national or international, and as a means of interpreting or supplementing existing international uniform law instruments. The UNIDROIT Principles are addressed to lawyers, notaries, public brokers, academics, business people, and others interested in the law governing international contracts.
About the Author
Hernany Veytia. Professor of International Trade Law, Universidad Panamericana (Mexico City); Licenciado en Derecho, Universidad Panamericana; Doctor en Derecho, Universidad Panamericana; Postdoctoral studies in the Second University of Rome and in the University Institute of European Studies in Turin (Italy).
Citation
69 Tul. L. Rev. 1191 (1995)