INTERNATIONAL HARMONISATION OF CONTRACT LAW AND THE UNIDROIT PRINCIPLES

Abstract

This article aims to investigate the international harmonization of contract law and the UNIDROIT Principles. We highlight that the increase in commercial transactions between subjects who are linked to more than one legal system challenges traditional domestic legislation. We inquire whether the UNIDROIT Principles have the capacity to provide a cohesive legal basis for international commercial contracts, examining their applicability in various legal systems, also through jurisprudential analysis. We also analyze the legal nature of the principles, their practical use in national arbitrations and courts, and the obstacles faced, especially in jurisdictions that resist the adoption of non-state norms as applicable law.