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Parol Evidence in Contracts of International Sales of Goods

Author: XuRui
Tutor: HeZhiPeng
School: Jilin University
Course: International Law
Keywords: Oral evidence apply Entire Agreement Parties Zhenyi Contract certainty Standardized rules of contract interpretation
CLC: D996.1
Type: Master's thesis
Year: 2011
Downloads: 79
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Abstract

In view of the complexity of international trade, the parties to the contract will usually be made in the process of consultations to discuss about the guarantee and reached a consensus on the contents of part or all of a written document. When a dispute occurs, the parties may be trying to put forward the the Contracting process of oral evidence to prove the true meaning of the Contracting deny the content of the written agreement contained a manifestation of both the true meaning. , Or accept subjective contractual intent of the parties have advocated the use of the traditional interpretation of the respect the final written agreement? Former natural justice may be difficult to achieve, and the controversial event, the parties will make to their advantage explain diametrically opposite to simple proposition might make the entire agreement to accept oral evidence in this contracting process more complex and uncertainty. At this point, the parties will be facing one called \a set of rules of substantive law, in a written agreement is complete, restrict the parties with contracted before or simultaneously with the oral evidence to contradict, and even supplement the written agreement on the content. The parol evidence rule along with the subjective interpretation of the principles of Anglo-American contract interpretation rules after (saying) - the objective principles of interpretation (said) - modified the objective principles of interpretation (compromise) the three stages of development, gradually perfected. Makes the end of the nineteenth century, the jurists say \\mean. The rules apply to the beginning is very strict, and 20th centuries, the rule applies to continuous softening, after hundreds of years of changes to a long list of exceptions, and these exceptions are still expanding. The strict application of softening applies not purely logical problems, but from a value judgment, the strength of such a value judgment as the era of development and legal and judicial capacity and different. With economic development, the strengthening of the judicial capacity, individual standard into a social standard, the legal standard of value to an emphasis on the safety and effectiveness of the transaction from absolutely free and fair, trying to achieve the perfect balance between the two. As an outstanding representative of the International Convention of the trading area of ??the law, Article 8, paragraph 3, of the Convention and the CISG Advisory Committee opinion (c) \evidence, any practices which the parties have established between themselves, usages and any subsequent conduct of the parties to explain the intention of the parties, that interpretation of a statement or other conduct of the parties, the terms of the contract. Reason to make this provision of the Convention is a written document is one, but not the only factors that should be taken into account to establish and explain the terms of the contract, and contract litigation in most countries in recognition of the above evidence, in addition, the application of the parol evidence rule quite varied and complex Convention in the field of international trade in goods, trade liberalization oral evidence. PICC, PECL also make the same provisions, even under the more comprehensive and detailed. In fact, the role of oral evidence in the interpretation of the parties to the true meaning of being recognized, but, in practice, to distinguish between the pre-contract is not clear which oral evidence is accepted and not accepted, the former should include some external evidence, if the parties in the past transaction, some of the common understanding in the negotiating process, they are for the industry and the market, the nature of the contract / purpose, business practices, etc., while the latter is called negotiations except rules - pre-contract negotiations with the relevant parties evidence of the subjective intent of the parties, or can not be accepted. Some scholars believe that the negotiations except the main reason is that it does not help, this does not appear to exclude this evidence, there is no reason to make an exception it can play a role for policy reasons. PROFORCE RECRUIT LTD. V. THE RUGBY GROUP LTD case is applicable to the oral evidence of the last hurdles the challenge is shaken negotiations except rules. China's contract law relating to the interpretation of a written contract, the basic principles of eclecticism in objectivism based in a blank state, but the interpretation of the rules, so the reference to the CISG 8 (3) and verbal rules of evidence to build China's standardized rules of interpretation. In order to achieve the result that the excavation of the real intention of the parties, in the operation to meet the standardized requirements, I suggest is more conducive to the rules of operation and execution of contract in the form of contract interpretation rules should not be limited, but to determine the contract in writing with respect to the other external evidence of priority; determine a complete written contract relative to the priority of the incomplete written contract, to allow oral evidence to supplement not a complete written contract provisions, but when the contents of the oral evidence and complete written contract conflict usually can not of course be adopted. Parol evidence rule and the provisions of the Convention have, combined with our current situation in the draw on the basis of the adjustments made to the Contract Law of China.

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