Schlechtriem, Peter (ed.), English Commentary on the UN Convention on the International Sale of Goods (CISG), Comment on Art. 7 by Rolf Herber, Oxford 1998

36" Specific cases. 903000The CISG alreadysets out-more or less clearly-some important principles

37" Other principles can be derived from the need for the observance of good faith. They include, in particular, the prohibition of the misuse of rights58 - especially in the context of speculation when exercising rights - and also venire contra factum proprium; those principles also find expression in Article 80.

38" The following principles capable of general application are expressed in provisions of the CISG: a party's conduct is to be measured against objective criteria determined by the views of a `reasonable person of the same kind';59 declarations are to be interpreted primarily according to their objective meaning;60 whenever necessary, the parties must inform each other of developments;61 an impending loss is to be mitigated as far as possible.62

58Cf. Enderlein/Maskow/Strohbach, Art 7, note 9.1; Heuzé, note 95; Honnold, para 99. OnULIS OLG Karlsruhe, IPRax 1987, 237, 239 with comments. Herber, EWiR 1 /86 an Art 39 ULIS and Weitnauer, IPRax 1987, 221.
59Cf. Art 8(2). The requirement that good commercial practice of international trade be observed is of general application; cf. also Enderlein/Maskow/Strohbach, cited in n. 58 above; on ULIS Mertens/Rehbinder, Art 7 EKG, 22.
60Cf. Art 8(1)
61Also Honnold, para 100; Enderlein/Maskow/Strohbach, cited in n.58 above.
62Arts 77, 85, and 86. Honnold, para 101; Heuzé, note 95.