The Preservation Of The Cargo System. "united Nations Convention On Contracts For The International Sale Of Goods Research

Preservation of the goods is a system with significantly practical meaning under United Nations Convention on Contracts for the International Sale of Goods (CISG). It includes four articles (from Article 85 to Article 88). Thus, it can be said that preservation of the goods takes an important seat in CISG. However, to some extent it is disregarded by Chinese scholars. In recent years, as more and more of Chinese exported goods encountered rejection by foreign buyers, the significance of preservation of the goods has been realized. This thesis is focused on preservation of the goods under CISG, and the author studies the system comprehensively and profoundly, with the methods of historical analysis, comparative analysis, and case study, etc., in order to help people understand the system better and enrich our academic fruits on CISG.This thesis is of five chapters. Chapter One introduces preservation of the goods under CISG and traces its evolvement in the legislative history of CISG. Chapter Two peruses Article 85 to Article 88, using lots of international commentaries and cases. In Chapter Three, the author theoretically discusses the legal nature of "obligation of preservation" and "right of retention", and proposes that the obligation of preservation is an Obliegenheiten (namely, untrue obligation) with the analysis approach in the civil law system. Chapter Four is focused on the relationship of preservation of the goods and other articles within the framework of CISG, especially the relation between Article 85-88 and Article 77. At last, in Chapter Five the author does some research on the relevant legislations of preservation of the goods in domestic laws of some foreign countries, and puts the emphasis on the analysis of the absorption and development of the system by Principles of European Contract Law (PECL).