An Interpretation Of Article 7 Of The United Nations Convention On Contracts For The International Sale Of Goods

As the change of international trade situation become more frequent, the contract parties run up against more and more trade risks in international sale of goods, so exemption for a contract has become an important concern. The article 79 of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as the convention or CISG) provides a regulation on the issue of exemption for failure to perform a contract due to impediment, which has far-reaching significance. Based on detailed analysis on the content of article 79 of the CISG, mainly using the methods of text explains, legislative historical analysis, comparative study, case study and so on, this article analyzed the controversial issues of article 79, hoping to help international trade practitioners insight into the exemption rules of CISG. And put forward some suggestions on practice of the international sale of goods in China, to avoid international trade disputes, to maintain the transaction security, to promote the smooth development of international trade in goods.In the introduction section, this article mainly describes the meaning of unified explanation of article 79 and the means of interpretation.The first chapter briefly described in article 79 of the CISG. This chapter mainly discuss the historical context of CISG and article 79, analyze the main structure and content of article 79. This chapter includes the detail analysis on four constitutive requirements of exemption under paragraph (1) of article 79 and the content of other 4 paragraphs, in order to fully understand the connotation of article 79.The second chapter analyzed and commented on whether article 79 shall be applied in the situation where the seller delivers non-conforming goods. This chapter firstly expounded this controversy of this issue in the academic circles, illustrated different views on this question and main basis. Afterwards, analyzed the causes of this controversy. Finally combining the text of article 79, legislative history, provisions of the related uniform international legal documents and case law, further analyzed this issue, and made a reasonable explanation of the application of article 79 to delivery non-conforming goods due to impediment. Then analyzed whether the hidden defects of goods can constitute an impediment, and under what circumstances can be exempted from liability while defects caused by the supplier.The third chapter analyzed and commented on whether article 79 shall be applied in the situation of hardship. This chapter firstly also expounded the academic controversy about this issue and their different basis. Then analyzed the causes of this controversy. Finally combining the text of article 79, legislative history, provisions of the relevant international unified legal documents and case law, further analyzed this issue, and made a reasonable and unified explanation of the hardship shall not be applied to the article 79.On the basis of former three chapters, the fourth chapter put forward some suggestions on practice of the international sale of goods in China. In order to avoid the risks due to the ambiguousness and not having a unified explanation in theory and practice of article 79 on related issues, made suggestions for China practitioners of international trade in goods:practitioners is necessary to make agreements in the contract for related matters specifically, to avoid disputes.