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A Number Of Legal Issues Of The United Nations International Sale Of Goods Convention On Contracts For Uniform Interpretation Of The Study

Posted on:2006-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:J ChaiFull Text:PDF
GTID:2206360152483415Subject:Economic Law
Abstract/Summary:PDF Full Text Request
International commercial contract play a very important role in international business transaction. However, the legal regulation on international commercial contract is uncertain. The Uncertainty becomes an obstacle for international trade. The countries around the world do their best to promote the unification of the international trade law. The United Nations Convention on Contract for the International Sale of Goods (Hereafter referred as CISG) is a very important international uniform substantive law. CISG takes into account the different social, economic and legal systems to form an independent legal system concerning the contract for international sale of goods.The international uniform substantive law cannot ensure the disputes to be solved impartially, which will rely on the uniform interpretation and application of the law. In the interpretation of CISG, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international sale of goods. The uniform interpretation and application of CISG is generally accepted by the States party of the Convention. The generally accepted interpretation method for CISG includes the legal history, cases applied CISG, scholars' writing and domestic law materials.The thesis tries to interpret the quality warranty by seller, fundamental breach and the impediment beyond control by these methods from uniform interpretation and application perspective. Different issues focus on different methods.The thesis researches the quality warranty issue from legal history and text of the CISG to clarify the interpretation and application of provisions concerning the goods must fit for the purpose for which goods of same description would ordinarily be used and any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract. The thesis focus on cases applied CISG around the world to interpret the fundamental breach to present the standard generally accepted by the States Party of the Convention. The thesis analyses the impediment beyond control based upon the legal history of the CISG.The Uniform interpretation not only develops the international commercial contract legal theory but also further the understanding of CISG. It will be helpful for Chinese company to protect their interests in the international trade. The interpretation of the CISG by the generally accepted uniform interpretation methods need further study. The research of the thesis is preliminary.
Keywords/Search Tags:The United Nations Convention on Contract for the International Sale of Goods (CISG), Uniform Interpretation, Quality Warranty, Fundamental Breach, Impediments beyond Control
PDF Full Text Request
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