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On the International Sale of Goods contract performance beyond the control of obstacles Disclaimer - 79 of the Convention of

Author: PanLiangJie
Tutor: LiWei
School: China University of Political Science
Course: International Law
Keywords: CISG Barrier Disclaimer Third person
CLC: D996.19
Type: Master's thesis
Year: 2009
Downloads: 373
Quote: 2
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Abstract


Modern society, international trade , rapid increase in the number of increasingly complex in nature , the risk then increased . Encountered in the practice of international trade in goods , the contract can not perform the contract exemption issues are also increasingly prominent due to accidents . ( United Nations Convention on Contracts for the International Sales of Goods , the United Nations International Sale of Goods Convention on the Contract hereinafter referred to as the Convention or CISG) one of the most important sources of law as the field of international trade in goods made ??on the contract exemption regulation , the reference not only for us to improve domestic legislation and practice is also of considerable significance . In this paper, the preamble describes the motivation and meaning of article writing and writing . The first chapter is an analysis of 79 of the Convention used the term \Introduces the use of the Convention the term \The second chapter is the analysis of 79 of the Convention , the scope of application . Of two controversial issues, namely the delivery of inconsistent and difficult situations can be applied the provisions of this article . The third chapter 79 of the Convention , the provisions of paragraph 2 for analysis. The paragraph is the creation of provisions of the Convention sets out the circumstances under which the contract because of a third reason can not fulfill the parties can get the exemption . This article from the \Chapter 79 of the Convention , the other three terms of content , including the default party 's obligation to notify the performance , the effect of the exemption , as well as temporary barriers Disclaimer problems . Chapter analysis of the obstacles on the exemption system in the Chinese Contract Law and the provisions of the Convention , in order to point out the deficiencies and to make some recommendations .

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