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On the international sale of goods in the applicable rules of force majeure
Author: XiangHong
Tutor: XuJianZhong
School: Foreign Service Institute
Course: International law
Keywords: force majeure frustration exemption international trade law
CLC: D997.1
Type: Master's thesis
Year: 2009
Downloads: 438
Quote: 0
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Abstract
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“Parcta Sunt Servanda”has been a fundamental principle in contract law with a long history. The party who fail to perform the promise should assume the responsibility. However, in some circumstance, the party of non-performance is not liable for the failure to perform. Force Majeure is a excuse for the party to the non-performance. Compared with the domestic trade, the trade between countries would be more risky. As a result of the high level of risk, it’s necessary for both parties to make a clause of force majeure in order to excuse if some non-control accidents happen. Considering the various concepts and standards of force majeure in the two legal systems, the international trade law made a integrative regulation about force majeure.Considering the domestic contract law and international trade law, the author concludes the basic common concept of force majeure in first chapter. In second chapter, the different events occur the force majeure are discussed, including frustration and impracticability .The third chapter is about some special circumstances of non-performance such as hardship, late performance and defective performance. In the forth chapter author discusses the elimination of force majeure as a excuse of non-performance. Even the international world trade law includes regulation of force majeure, the parties of contract still have rights to make their own agreements about force majeure. In the last chapter, some suggestions is given to improve the applicability of force majeure.
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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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