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The Basic Ideas Underlying The UNIDROIT Principles

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Chapter Summary

There are a number of basic ideas underlying the UNIDROIT Principles. One of the most fundamental ideas underlying the UNIDROIT Principles is that of freedom of contract. Another essential element of the UNIDROIT Principles is their marked openness to usages. Another of the basic ideas underlying the UNIDROIT Principles is the so-called favor contractus, i.e. the aim of preserving the contract whenever possible, thus limiting the number of cases in which its existence or validity may be questioned or in which it may be terminated before time. The ideas clearly aim at rendering the UNIDROIT Principles receptive to the actual needs and expectations of international trade practice.

Keywords: favor contractus; freedom; UNIDROIT Principles

10.1163/ej.9789004177161.i-692.17
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