Study On The Scope Of Compensation For Damages Of The CISG

The United Nations Convention on Contracts of International Sales of Goods(CISG) could be considered as the most influence power in the international uniform contract law area. In the remedy system of CISG, compensation for damages is the most important liability for breach of contract. However, to the scope of compensation, this convention does not define what is included in the "loss", thus a furious debate was emerged. The main dispute is on the interpretations of three forms of compensation for damages: lost volume, spiritual loss and the attorney fees. How to define these "loss" is not only related to the operation of compensation for damages, but also comes down to the interpretation and development of this convention.This article analyzed the loss of turnover, spiritual loss and the attorney fees respectively. According to the Art.7 and Art.74 of this convention, the author concluded that the loss of turnover and the attorney fees should be included in the "loss"; the spiritual loss should not.Art.7 is the core clause of the development mechanism of this convention. Bases on the uniform interpretation of this convention, the development of this convention is to be settled in conformity with general principles. So, the author thinks in order to develop the convention we should based on the consideration of related factors.