Research On The Conditions Of Offer In CISG

Generally the civil law countries and common law countries consider Offer and Acceptance are the two key stages in conclusion of a contract, but hold different opinions towards the contents of Offer. The United Nations Convention on Contract for the International Sale of Goods explain and supplement the definition of Offer in Article 14(1). As the comprise of continental legal system and Anglo-American legal system, Article 14 (1) makes good performance in promoting international trade as well as bringing lots of disputes arising out of its defects, which definitely need to be further perfected. Based on Article 14 of The United Nations Convention on Contract for the International Sale of Goods, this paper studies from the historical development of the provision. This paper mainly analyzes the 3 conditions of Offer in Article 14, which are specificality, boundness and definiteness. In addition, this paper combines the open-price contract provision of Article 55 in The United Nations Convention on Contract for the International Sale of Goods to further analyze, the defect of Article 14 and provide suggestion on the perfect of Article 14.