A Study Of The Legal Issues In The Conclusion Of International Sales Contract Of Goods

International sales contract is one of the most important contracts in international trade transactions. It is the basic means for countries to carry out both import and export business. Not only is it relevant to each party's benefits, but also it is relevant to a state's interests, or even influences the whole world. Therefore, in the long-term international goods transaction practices, all countries have established sets of principles, rules, practices and requirements.China is one of the most ancient countries in the world. She has the longest history of international communication, and plays a very important role in international trade. With the furthering of legalization of the country, its legislation over international sales of goods is becoming more and more perfect. Yet ,with the development of the globalization of the world's economy, and especially its entrance into the WTO, the ineptness of China's present laws is becoming obvious.There are a lot of legal problems in international sales contract of goods worthy of discussion. The article touches upon only a few very important legal issues in the conclusion of international sales contract of goods due to the limitation of time and energy.Chapter I: Contractual Parties of International Sales of Goods Using a method of comparative study, the article gives an allround illustration on the contractual party's qualifications, sorts,legal requirements and functions of their names, residences and business sites, as well as agency systems. At the same time, this article gives analysis on the relevant problems of China's legislation, point out that examination and approval system and restriction of foreign trade managers is themain cause to the problems in China's foreign trade agency system, and that registration system and free foreign trade management policy may be the best way out.Chapter II:The Form of International Sales Contract of Goods By comparison,we can see that most countries in the world adopt a "non-formality principle"towords international sales contract of goods.China's "Contract Law"absorbs this principle.A contract can be legally concluded without any specific formalities,whether it is oral.written or through activity.Yet China's reservation on Article 11 of CISG remains unrecinded,which incurs a lot of disputes. The author's opinion is to recind the reservation, since it is after all the relic of the planned economy and maintenance of it will cause confusions. But the author also favors the state's protection of the safety of international trade transactions, suggesting written forms in large quota transactions and unfavorable results on neglection-losing of judicial reliefs.Chapter III: Conclusion of International Sales Contract of Goods The article first gives comparative analysis on the rules of offer and acceptance, and the give reference opinions on the perfection of China's contract law on international sales contract of goods such as the establishment of the criterium of "contents of a specific offer" and the perfection of the validity of implied acceptance.