The Analysis On The Subjective Application Of CISG

As one of the most important achievements of UNCITRAL, the United Nations Convention on Contracts for the International Sale of Goods (hereinafter called "CISG") has become the most important convention in international sale of goods relations since its effect. Along with the growth of international business and exchange, the main trade countries have joined CISG, and more and more countries become parties to the convention. Therefore, CISG has a very wide representation and high authority. The subjective application of CISG resolves the problem who will apply the convention. This part is the premise and basis for understanding and applying the whole convention. This paper intends to discuss article one and ten of CISG and it divided into three parts:legislative history of article one and ten of CISG; specific studies on the provision; application of CISG in China and the evaluation of CISG. In the first part, It gives details on legislative history of the relevant provisions to understand the spirit and purpose from the source; The second part is the most important one, It gives detailed analysis on the first and tenth article of CISG and try to find a sober solution during numerous disputes; In the third part, making evaluation of the convention and comparing with Chinese practice, we hope to offer several constructive ideas for the domestic application of CISG.