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Florida Journal of International Law

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Abstract

This Note will focus on three issues raised by the application of the new currency standard to existing commercial contracts. First, whether a court should enforce a contract when the parties denominated the price in a currency that is now obsolete. Second, if the contract is still enforceable, whether a court should substitute its judgment to achieve a more fair and equitable result. Third, what anticipatory measures are available to contracting parties to avoid undesirable results and how effective these measures are. The CISG has taken the view that in order to meet its goal of uniformity, contracts must be enforced strictly according to their terms if the terms are mutually agreed upon in a common understanding between the parties at the time the contract is formed. This Note will focus solely on international contracts affected by the adoption of the euro currency.

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