Cases Analysis Of CISG Application In Contract Dispute Of International Sale Of Goods

With the progress of the Belt and Road,the volume of international trade is on the increase.At present,the United Nations Convention on Contracts for the International Sale of Goods(hereinafter referred to as CISG)is widely used in the world to solve disputes arising from international trade contracts.In judicial practice,disputes often occur for different interpretations of the CISG,such as the contract dispute between Sara Pinkman company and Guangdong Lauter Enterprise Co.,Ltd.on international sales of goods and other cases.The contentious focus include whether the case applies to the CISG,whether it is a fundamental breach of contract and what is the legal liability for the fundamental breach of contract.With the fast development of market economy as well as the prosperity of contract transactions,the number of contract disputes arising from the international sale of goods also shows a rising trend.The court needs to improve its ability to apply CISG.There are some deficiencies in CISG application,such as wrong application path,incorrect exclusion of CISG application and non-standard determination of fundamental breach of contract.This inadequacy brings instability to judicial practice,which will lead to the derailment of China’s general international law and affect China’s international status.China’s relevant departments should strengthen the courts’ cognition or understanding of CISG,and further guide judges to apply CISG more widely and accurately.The status of CISG in the legal system must be confirmed from the legislative level and unified judicial interpretation should be given at the judicial level,so as to better standardize the application of CISG in Chinese courts.Only by accurately understanding and applying CISG can the court better demonstrate China’s strength in applying international treaties,establish a good judicial image of a big country,and create a fair as well as just international business environment.