Disscussion On Trade Habits

The paper is divided into four parts. The first part discusses the relevant provisions of the Customs of the analysis in china and foreign.The second part, the basic principles of trading used to be discussed, such as has not been discussed in legal circles is used to determine the definition of the transaction, trading habits of the characteristics of the existing update, trading habits, what kind of functions. The third part disscuss if the transaction is customary habits or not. Many scholars think it is the trading habits of customary law, which can be directly used as the law basis to use in judicial decisions. This paper argues that customary law is not a trading habits, though they can be used as the basis for decisions, but not decisions based on the legal criterion, but the facts. In the addition, this article talks about the several elements which the trading habits get into the contact law.The fourth part of the transaction in the judicial application of customary problems were analyzed, and the proof are discussed, and the other in order to avoid trading habits Weiran and uncertainty of trade barriers and decided to make some suggestions to solve.Compare to the concepts used in the transaction,this paper bring forward new concept about trade habits,which introduct the particular trade habits between dealers into the definication according to the judicial interpretation (2) Article 7of "contract law". About characteristics of the Customs the absolute uncertainty were introduced from the relative stability of trade habits. the majority of scholars believe the trade habit is customary law. this paper believe the transaction custom is not customary customary law, but facts that need to be proved. After the facts are made clear, which can be the basis for decisions, but only a basis of fact.