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Study On The System Of Additional Conditions Of Acceptance Of The United Nations Convention On Contracts For The International Sale Of Goods

Posted on:2012-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:C ChenFull Text:PDF
GTID:2166330335464397Subject:Law
Abstract/Summary:PDF Full Text Request
As a basic law of international trade or an important international trade practices, the United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as "the Convention" or "CISG") brought together the remarkable achievements of the principal legal systems, inherited the basic principles long-established in the activities of international sale of goods, and transplant the concept of success of national laws, and innovated and improved on this basis, and made the contract law increase to a new level. It not only reflects the balance between civil law, common law and socialist law, also reflects the different interests and requirements between developed and developing countries, so recognized and applied widely by the international community. It was well known in the field of international trade transactions and also become one of the common legal basis when national judges and arbitrators settle a lawsuit. Today, it has become an indispensable basic law in international trade. As an important system in "the Convention", the system on additional conditions of acceptance plays an important role in international trade. It is an important basis to determine the contract is established or not. With the rapid development of international trade, the system on additional conditions of acceptance has been receiving more and more attention in the whole world. Especially when the form contract is widely used in modern business and trade activities, the text format play an important role in the process of contract. Business men tend to ignore the differences of form contracts between the two parties, transact as usual which give rise to the "battle of forms". In order to calm the "battle of forms" and make transactions more convenient, we should be more deeply committed to the system on additional conditions of acceptance.In view of this, this article will discuss in detail the system of additional conditions of acceptance by analyzing the Article 19 of CISG. This article divides into four sections. The first part elaborated the history of the Article 19. The second part describes the content of the Article 19 of "the Convention". The third part is the comments section, which, by comparison with the United States "Uniform Commercial Code", put forward the sound recommendations. And the last part elaborated our country's correlative stipulation as well as the defect of the system, and gives some suggestions how to perfect it.
Keywords/Search Tags:additional conditions of acceptance, material alteration, CISG
PDF Full Text Request
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