Socrates. 2021, 1 (19)

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Homeward trends Latvijas Republikas tiesu praksē
(Rīga Stradiņš University, 2021) Damberga, Sindija; Rīgas Stradiņa universitāte, Juridisko zinātņu doktora studiju programma, Latvija
The objectives of this study are to focus on the United Nations Convention on Contracts for the International Sale of Goods (CISG) case law of the Republic of Latvia; to determine whether and how the mandate has been given in Article 7(1) of CISG, consider its international character and need to promote uniformity in its application is observed in Latvian courts. The author examines and analyses court decisions related to applicability of the CISG in Latvia in the period from September, 2013 to January, 2019. The author notes that arbitration decisions are excluded from this study due to their mostly confidential nature. The study has been performed in a purely theoretical manner assessing and comparing the compliance of judicial decisions with the objectives of the CISG; however, the views of academics and legal scientists have been taken into consideration. The study reveals that courts, although sometimes recognise the CISG applicability, use domestic principles in determining the outcome rather than make decisions based on CISG. Therefore, it identifies that Latvian courts are prone to the so-called homeward trend. The article concludes with the author discussing and suggesting possible solutions in order to minimise the homeward trend.