A Study On The Article 79 Of The United Nations Convention On Contracts For The International Sales Of Goods

The issue of exemption for failure to perform a contract is a very important issue in contract law, because if the one who failure to perform a contract was be exempted, relative rules about responsibility of failure to perform a contract will become invalid. The article 79 of the United Nations Convention on Contracts for the International Sales of Good(sCISG) provides an international convention on the issue of failure to perform a contract which is due to an impediment. In this dissertation there are analysis and comments of each clause in this article on the basis of legislation history and cases about this article, introduction of relational rules in some countries' national law and some advices to perfect this article and relational rules in China's contract law.Chapterâ… include analysis and comments for other four clauses of this article exclude the second clause which is involving the third party. The five clauses of this article can be divide to two part, involving third party clauses and not. Because the second clause which is about the issue of exemption involving the third party is very special and important and the analysis and comment for this clause is based on the analysis and comments of other four clauses, it is discussed in chapterâ…¡. In chapterâ… , I will integrate the history of legislation, cases of this article and ideas of some scholar in the resolution of some words in these clauses and comments of some issues.Chapterâ…¡is about the second clause. In this part, I will pay more attention on discuss the range of the third party on the basis of legislation history and scholars' ideas. In this part, there are comments of this article's academic value and practical value on the basis of analysis of the two conditions in this clause.Chapterâ…¢includes analysis of relational rules in some contracting countries' national law and comparison of these rules with article 79. After analysis in upper two chapters, we can come to an conclusion that there are some shortages in article 79 which need to be perfected. And because CISG is an international law, any change of this convention need to be approved by Contracting States. The analysis and comparison in this chapter is a preparation for next chapter which is about advices to perfect this article and feasibility of those advices. In this chapter, I chose relational rules from Germany law, French law, Swiss law, American law and English law. Because these law are regarded to be representative around this world especially in the range of contract law.Chapterâ…£is about legislative advices. This chapter includes advices for article 79 and relational rules in China's contract law. In the first part, after give some advices to perfect article79, there is a discussion about the feasibility of those advices on the basis of Chapterâ…¢. Because the relational rules in China's contract law are too simple and half-baked, advices to amend those rules will be supplied in the last part of this chapter.