Article 8sk en

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Article 8
[slovenske znenie]

(1) For the purposes of this Convention statements made by and other conduct of a party are to be interpreted according to his intent where the other party knew or could not have been unaware what that intent was.

(2) If the preceding paragraph is not applicable, statements made by and other conduct of a party are to be interpreted according to the understanding that a reasonable person of the same kind as the other party would have had in the same circumstances.

(3) In determining the intent of a party or the understanding a reasonable person would have had, due consideration is to be given to all relevant circumstances of the case including the negotiations, any practices which the parties have established between themselves, usages and any subsequent conduct of the parties.

CASE LAW:

CISG ADVISORY COUNCIL OPINIONS:

CISG AC OPINION 3: Parol Evidence Rule, Plain Meaning Rule, Contractual Merger Clause and the CISG

LITERATURE:

see also annotated Article 8 in Pace Database

see also case law to article 8 in the UNCITRAL Digest of case law