Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)

The book "Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)" is a comprehensive legal commentary on the UNIDROIT Principles of International Commercial Contracts. Here is a detailed overview of the book, including key themes, plot summary, and critical reception:

Key Themes

1. Substantive Rules on Contracts: The book provides a thorough analysis of the substantive rules governing international commercial contracts, as outlined in the UNIDROIT Principles of International Commercial Contracts (PICC).
2. Comprehensive Analysis: It includes a detailed examination of each provision within the PICC, along with relevant case law and scholarly articles.
3. Transnational Instruments: The commentary often references other transnational instruments such as the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR), and the late proposal for a Common European Sales Law (CESL).

Plot Summary

The book is not a narrative but a legal commentary. It does not have a plot in the traditional sense but rather a structured analysis of the PICC provisions. The commentary is divided into sections that cover various aspects of international commercial contracts, including formation, validity, interpretation, performance, and remedies. Each section provides a detailed explanation of the relevant rules, supported by case law and scholarly opinions.

Critical Reception

1. Introduction by Stefan Vogenauer: The book contains a 30-page introduction by Stefan Vogenauer, which explains the background, genesis, nature, and reception of the PICC. This introduction sets the stage for the comprehensive analysis that follows.
2. Critical Approach: Unlike official comments, which are often written by those involved in the work and may present a favorable view, the authors of this commentary provide a critical analysis. They often disagree with the official comments and PICC articles, offering a more nuanced understanding.
3. Second Edition Updates: The second edition includes significant updates required by the 2010 edition of the PICC. New rules on illegality, conditions, plurality of debtors and creditors, and restitution are covered. There has also been substantial rewriting, particularly in sections formerly written by Jan Kleinheisterkamp. New authors like Ross Anderson, Luke Nottage, Isabel Zuluoaga Rios, and Stefan Vogenauer have provided a more extensive commentary, sometimes disagreeing with the first edition.
4. Quality and Reception: The book is praised for its high quality and comprehensive coverage. It is described as essential reading for anyone interested in the PICC, with the second edition being particularly noted for its excellence and beautiful production.

Conclusion

The "Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)" by Stefan Vogenauer and Jan Kleinheisterkamp (with contributions from other authors in the second edition) is a seminal work in the field of international commercial law. It offers a detailed, critical, and comprehensive analysis of the PICC, making it a valuable resource for scholars, practitioners, and anyone interested in the rules governing international commercial contracts.