Research On The New Development Of Principles Of International Commercial Contracts

Compared with "Principles of International Commercial Contracts 1994", the "Principles of International Commercial Contracts 2004" increases many new system, such as "the transfer of rights system","Right of agents", "the third party rights" and so on..The new increased system enrich contents of "Principles of International Commercial Contracts 2004", and show the following characters as well:(1) the system is much more comprehensive and systematic; (2) it expands its patterns of application; (3) it shows the multiple functions,and so on..The new increased system, especially the "Right of agents" is systematic and operable, which has achieved good results during the international practice, while in the Contract Law of the People's Republic of China,there are still many shortages in the "the transfer of rights system", such as incomplete content, weak maneuverability and so on. Therefore this article makes an investigation on the newly added Right transfer system of the " Principles of International Commercial Contracts 2004", analyses its content and characterristics, aiming to further perfect the Contract Law of the People's Republic of China. (1) It is advised to extend scope of right transfer in the Contract Law of the People's Republic of China, including right transfer for assurence, non-monetary creditor's right transfer and fututre right transfer. (2)It is advised that the right transfer manners will be clearly defined in the Contract Law of the People's Republic of China, e.g. divides the right transfer into part-right transfer, whole-right transfer, sequence-right transfer and so on. (3) It is advised that the seven-guaranty obligation of assignees will be clearly defined in "The People's Republic of China Contract Law", for protecting the rights of assignees. It is advised to extend the main body of right transfer notification to assignee and allow assignee the obligation to provide evidence of credit assignment, when the Contract Law of the People's Republic of China is amend by China's legislature; (4) it is advised that the "rights of debtor's additional costs" and forbidden situations of right transfer will be clearly defined when the Contract Law of the People's Republic of China is amended.It is hoped that the the "Right of transfer " of the Contract Law of the People's Republic of China could be future perfected through our suggestions.This article is divided into five parts:The first part gives an overview of Principles of International Commercial Contracts 2004". Firstly it analyzes the newly increased contents of Principles of International Commercial Contracts2004, such as "the transfer of rights system","Right of agents", "the third party rights" and so on; secondly, it analyses new developed characteristic of "PICC 2004". The updated "PICC 2004" shows following characteristics:(1) the system is much more comprehensive and systematic; (2) it expanded its patterns of application; (3) it shows the multiple functions,and so on.The second part introduces regulation of "the transfer of rights system" in the International Convention and National law, including in historical development of the Right transfer system and the theory of "the transfer of rights system" as well.The third part analyzes the Right transfer system of the "Principles of International Commercial Contracts 2004". Firstly, it analyzes the definition, range and manner and the effect of the Right Transfer System; Secondly, it analyzes the innovation and the positive role of the Right transfer system.The fourth part analyzes the current situation and defect of the Right transfer system of the Contract Law of the People's Republic of China. Firstly, it analyzes the present situation of the Right transfer system of our Contract Law; secendly, it analyzes the defect of the Right transfer system of the Contract Law of the People's Republic of China.The fifth part advises to legislate to perfect the Right transfer system on the basic of analyzing the Right transfer system in " Principles of International Commercial Contracts 2004" and our Contract Law.(1) It is advised to extend scope of right transfer in the Contract Law of the People's Republic of China. (2)It is advised that the right transfer manners will be clearly defined in the Contract Law of the People's Republic of China. (3) It is advised that the seven-guaranty obligation of assignees will be clearly defined in "The People's Republic of China Contract Law", for protecting the rights of assignees. It is advised to extend the main body of right transfer notification to assignee and allow assignee the obligation to provide evidence of credit assignment, when the Contract Law of the People's Republic of China is amend by China's legislature; (4) it is advised that the "rights of debtor's additional costs" and forbidden situations of right transfer will be clearly defined when the Contract Law of the People's Republic of China is amended.lt is hoped that the the "Right of transfer " of the Contract Law of the People's Republic of China could be future perfected through our suggestions.