Research On The Application Of CISG In China

Since the20th century, with the expansion of the economic globalization and the increasing of the trade liberalization,1980United Nations Convention on Contracts for the International Sale of Goods has become the most important and substantive law in the field of international sale of goods. With the development of economic globalization, the advantage of the CISG is obvious in recent years. Either in court or arbitration institution, the application of CISG increases sharply. However, the defects when the CISG is applicable have been appeared. As the CISG is a product of compromise, CISG has several limitations and ambiguity, and which make the application of the CISG have a lot of problems.In the legislative aspect, the existing Law either has no relevant to the application of CISG or legal requirements still have disputes, for example the understanding of Article142of the "the General Principles of the Civil Law of the People’s Republic of China". Meanwhile, though China is required to be applied the Circular in1987; the rule still has some defects. Due to the lack of specific regulation, the court and the Arbitration in dealing with the disputes of the CISG application often give different conclusions in the same case.This paper mainly discusses problems which appear in the application of CISG, divided into the following five parts:The first part is an overview of the CISG, mainly expounds the basic theory of CISG and its characteristics and forms for the content such as paper, behind for basic matting.The second part is the application of the CISG in China. It includes the meaning of the application of the CISG in China and the territorial scope of application, the reasons of the application and the exiting law related to the application in China.The third part is the application of CISG in China’s Court. This part contains the application which clients agree to use the CISG to resolve disputes, the direct application, the international agreement which concerning the matters governed by the CISG and the declarations.The fourth part is the application of the CISG in Arbitration. It analyzes the nature of the arbitration and compares to the court. Then, it combines the case which the CISG Convention were applied to pointed out the problems of the application.The fifth part is the suggestions to improve the CISG application. This part puts forward some specific methods and recommendations relevant to the problem in the CISG application.