| Along with the situation that China getting herself more and more involved into the international business and global economic, more worldwide accepted rules are appeared in the intentional business contracts. As one of the most influential and widest impact international treaties, United Nations Convention on Contracts for the International Sale of Goods(CISG) provides a plenty of business rules for the parties, including buyers and sellers. These rules, such as "formation of contract","Preservation of the goods","anticipatory breach", have been world-wild accepted in international sale of goods. In the database of CISG, we can find that the court of Chinese and China International Economic and Trade Arbitration Commission(CIETAC) applied different articles of CISG in at lease in426cases. To our surprise, over40%of the cases were relative to the buyer’s obligation to examine the goods and notify the non-conformity to the seller. Obviously, the obligation to examine the goods and notify the non-conformity is not only important for the buyer’s interests in international sales, but also influents the harmony of the order of international business. Due to this background, the significance of studying on the buyer’s obligation to examine the goods and notify the non-conformity is self-evidence, which is lead to the development of the theory and practice of CISG.Chapter one is a brief introduce of the buyer’s obligation to examine the goods and notify the non-conformity. The content has been divided three parts, introducing the evolvement of these obligations by tracing the legislative history of CISG, discussing the legal nature of the obligation and comparing them with the similar obligation and right in CISG.Chapter two, I would analyze the content of the rules on buyer’s obligation to examine the goods and notify the non-conformity. The logical sequence follows the obligation of examine-notify the non-conformity-the exception rules, which decided by the provisions arrangement of CISG. Besides, there will be numbers of case be adopted in this chapter.Chapter three would propose some advice aimed at the improvement in the arrangement of rule, the explanation and application in business by reviewing, and hopefully it may be beneficial to the further of CISG. |
