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A Comparison Between CISG And Chinese Contract Law In Rules Governing Contract Of Sale

Posted on:2007-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:W JiangFull Text:PDF
GTID:2166360185466660Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The UN Convention on Contract for the International Sale of Goods is one of the most important international conventions in the field of contract for sale of goods. Its outstanding merits made it a model learned from by many countries in making their domestic contract laws, as in the case of China. In China's Contract Law, rules governing contract of sale appear mainly in its general provisions and its ninth chapter. Comparison between these two documents can help us understand them better and enable us to reflect on the good and weal points of China's Contract Law, and the results can be used as reference in our effort to better off our Contract Law.This paper is designed on the basis of the Convention's structure and with reference of the logical order and theoretical system. The sphere of application and general provisions of, rules governing the formation and performance of contract, liability of breach and exemptions provided in the two documents are explained in the second, third, forth and fifth chapter. When explaining them respectively, related provisions in the Convention are firstly introduced, relevant provisions in the Contract Law secondly; then differences and sameness between the two are pointed out, cause of the differences is explored, the superiority and inferiority of the two are analyzed, and suggestions in how to make up certain weak points in the Contract Law are proposed.As many things are learned from the Convention by the Contract Law, great sameness exists between the two, yet differences in details are many. Some are caused by differences in objective conditions in which they are applied, some by...
Keywords/Search Tags:CISG, Contract Law, Contract of sale
PDF Full Text Request
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