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Recent Development Of The Scope Of Application Of The CISG

Posted on:2012-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:J PanFull Text:PDF
GTID:2216330368492123Subject:International law
Abstract/Summary:PDF Full Text Request
United Nations Convention on Contracts for the International Sale of Goods (shortened for: CISG) is an important document in the process of unification of international trade laws, but the unification based on the text document is just a point in course of unification of substantive laws whose another key step is the unification of the scope of application. As drafted 30 years ago, CISG seems unable to meet the need of era. New form of international trade represented by E-business, new trade content led by trade of service and new contracting rules which widely use standard contract have made the CISG in uncertain state to some deals.This article will make a careful analysis of the relationship between CISG and trade of service,E-business and standard contract to discuss the specific scope of application with the consideration of current trade environment and the purpose of the CISG. Chapter 1 mainly introduces basic information of the CISG, including system structure, characteristic feature, function and evaluation, and then arise the problem of the CISG in two aspects which are trade form and trade content. The relationship between CISG and trade of service is studied mainly in Chapter 2. With the analysis of necessity and feasibility, the interpretation method and purpose of the CISG are taken as the main basis for the view that CISG can and should govern the trade of service in current trade environment. Chapter 3 carries out a research on the influence E-business causes to the CISG. There are several specific problems such as how to identity the criterion of"International", how to resolve the conflict between"virtual nature"of E-business and"substance"of trade in goods, the problem of literary form and so on. Chapter 4 concerns the relationship between the CISG and standard contract. It emphasizes the method to settle the"battle of the forms"with CISG and its defect after introducing the trend for development of standard contract in world trade. With comparison and analysis of other nations'trade laws, some recommendations to the CISG are given at last.
Keywords/Search Tags:CISG, Trade of service, E-business, standard contract
PDF Full Text Request
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