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On Legal Issues Of Rejection Of Goods In International Sale Of Goods

Posted on:2008-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:B T ZhaoFull Text:PDF
GTID:2166360242472524Subject:International Law
Abstract/Summary:PDF Full Text Request
In international sale of goods, that the goods the seller delivered are inconsistent with the contract agreement violations is common. The system rejection of goods established in several hundred years of British international sale of goods of practice is one way to solve the problem.Many state laws, and "United Nations Convention on Contracts for the International Sale of Goods" are used to rejection of goods, is more typical of Britain and the United States. In Britain, when the seller delivers the goods inconsistent with the contract agreement, in violation of the terms of conditions, it may reject the goods, the two sides signed a contract for the sale of goods will therefore be discharged. On the basis of British rule, the United States use the perfect tender rule in the rejection of goods system, also provides a unique revoke acceptance, as well as the actual implementation of the principle of perfect performance principle has been amended. "United Nations Convention on Contracts for the International Sale of Goods", while not explicitly stipulates that "rejection of goods", but "fundamental breach" of standards to determine whether "avoidance of the contract".The sale of goods in the international practice, rejection of goods system also produced pullback in the market such as the shift of risk and other functions.In addition, in the practice of rejection of goods operation, when the buyer rejects the goods, should fully consider the consequences of their behavior, the correct approach to the exercise of the right of the rejection of goods, avoid the loss of rights; meanwhile, the seller should minimize its submission of goods rejected by the buyer, but the buyer rejects the goods after taking appropriate measures.As foreign trade of our country is constantly evolving, Chinese rejection of goods on the legal system provides only "PRC Contract Law" initial signs are not a complete system, and learning from the experience of countries like Britain and the Untied States is very important for our country to perfect the relevant provisions.
Keywords/Search Tags:International Sale of Goods, Rejection of Goods, Rescission the Contract, Default Relief, Risk
PDF Full Text Request
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