La determination du prix : quelle harmonisation? quel avenir?

Depending on the legal tradition one belongs to, the price is or is not a material term of contract. In American law, the Uniform Commercial Code expressly authorizes the open price contract. On the contrary, the French Civil Code forbids it and renders such a contract void for indefiniteness. This situation does not favor the international relations since, in many cases, the national courts seized read the international contract or law through the lenses of domestic law or principles.To avoid these consequences, a great harmonization has been undertaken since 1929. This effort resulted first in the adoption of the articles 14 and 55 of the United Nations Convention on Contracts for the International Sale of Goods. However, these articles conflict with one another and this results in several possible interpretation by the national courts.A work of harmonization has been completed since then by UNIDROIT and resulted in the adoption of the General Principles of International Commercial Contracts.The purpose of this thesis is to criticize the open price system adopted by UNIDROIT and analyse the future of such a principle in the international and national settings.Because of their extreme divergence this study will compare the Uniform Commercial Code's open price system and the French civil code