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On the United Nations International Sale of Goods Convention on Contracts for the application in the Mainland of China,

Author: ZhangHuiQing
Tutor: DuTao
School: Fudan University
Course: Legal
Keywords: CISG application reservation explanation
CLC: D997.1
Type: Master's thesis
Year: 2008
Downloads: 463
Quote: 1
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Abstract

Since United Nations Convention on Contracts for the International Sale of Goods (referred as CISG as follows) was effective from 1988 , it has been the most important uniform convention to adjust the relations of the contracts for the international sale of goods. The developed countries which have trade relations with our country are all the members of the CISG except Japan and UK. Predictably , the CISG will be applied more widely in the future. So there is no doubt that it is very important to study CISG.The main parts of the thesis are divided into four chapters: chapter one clarifies the scope for the application of CISG, which is the precondition and basis to understand and apply CISG. CISG applies to international sales contract, so to set down the standard of international is a must. Then to generally understand what is sales contract is important. CISG defines the sales contract as international one with the criterion of place of business but CISG do not have the definition for place of business. In the thesis , international has been defined from two aspects: 1, When applying CISG under the article 1 (b), the place of business of the partied must locate in different countries. 2, When both or one party have more than one place of business, the place which is most closely connected with the contract and the relationship of performance is regarded as its place of business. This chapter summarizes the sales contract and lists some sales conductions which is excluded from adjust by CISG. In the chapter, the applicable law relations have been summed up according to the regulation in article 4 and the exception in article 5. It is may be helpful to apply CISG more correctly.In chapter two, I present my view of revoking the two reservations, which is illustrated through analysis of the reasons of posing reservations, analysis of the effects in practice and the signification when being revoked. The reasons for the reservation according to article 95 arise from the proposal of the original socialist states in order to prevent the foreign related contract regulations in these inland laws from being excluded. Our country put forward the reservation for article 1 (b) for the same reason. Since our country abolished Foreign Economic Contract Law, the precondition of the survival of the reservation disappeared. When the Contract Law was brought into effect, the stipulations for the contract form in CISG are almost the same as in Contract Law. The reservation to the contract form has invoked many legal conflicts.Chapter three clarifies the situations of the application of CISG in order to conclude the inadequacy and learn the experience for more correct application of CISG in China. As international treaty, the application of CISG in contracted countries must be subjected to the regulations or practice about international treaty domestic application. The contracted countries have no common sense of CISG performance so that it leads to different enforcement in the courts of contracted countries. The applications of CISG in practice are different in our courts. Because of the reservation to article 1(b), our arbitration agencies almost directly apply CISG according to article 1(a).In the business arbitration field, the application of CISG is based on the indirect guide of the private international law, but the reservation to article 1 (b) has hindered this method.Chapter four introduces the explanation when applying CISG through some articles. CISG is the most important uniform international law, which can be directly adopted by the parties and voluntarily applied under certain conditions , which can overcome the indirection for choice of proper law by conflict law rule. But uniform international law itself cannot secure the fair resolution of disputes and it is subjected to the uniform of legal interpretation and legal application.

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