Study On The Rules Of Conformity Of Goods In The United Nations Convention On Contracts For The International Sale Of Goods

The United Nations Convention on Contracts for the International Sale of Goods(CISG),which regulates the international sale of goods, has been widely applied all over the world.Since CISG entered into force in1988, a significant number of cases concerning theapplication and explanation of CISG have been decided by courts, domestic and internationalarbitral institutions. Most of these cases relate to the issue of conformity of goods, which isthe core of every sales law, and thus the analysis and research on the rules of conformity inCISG would be of great significance in both theory and practice. It will not only promote theuniform application of CISG, with the aim to uniform the international law on sale of goods,but also provide judicial institutions with theory guidance in the application of provisions inCISG concerning the conformity of goods and strengthen the foreseeability of the result ofdisputes for the participants in international sale of goods.On the basis of a systematic analysis of typical cases, this thesis offers an integratedreasoning on the key issues of Article35of CISG. These key issues include that what is theexact meaning of the sub-articles within Article35? Is the Parol Evidence Rule applicable todisputes on international sale of goods regulated by CISG? Is the seller’s obligation ofconformity governed by the public laws in the state that buyer’s place of business locates orthe state where the goods are to be used? To what extent would the obligation of conformityaffected by the inspection of goods? How to balance the conflicts within Article35? Whetherthe allocation of burden of proof regarding the conformity of goods is regulated by CISG andhow is it regulated? etc.This thesis, which is about50thousand words, is divided into four parts, disregardingthe introduction and epilogue.Part Ⅰ: General overview of the rules of conformity in CISG. This part defines theconnotation and denotation of the rules of conformity in CISG, which is the subject of thisthesis. Through a comparative analysis on domestic laws and international conventions, theauthor concludes the features of the rules of conformity in CISG. Formation process of Article35of CISG is sort out by means of historical analysis.Part Ⅱ: Application and explanation of the rules of conformity in CISG. By means of textanalysis and empirical analysis, the author provides a detailed reasoning in this part on theapplication of Article35of CISG in specific cases. Firstly, the author explains the core elements for deciding whether or not the goods are in conformity with the contract accordingto Article35and concludes the train of thought in this analysis. Secondly, the author providesa critical analysis on the problem of how to judge the buyer’s status of “knew or could nothave been unaware” as provided in Article35, paragraph3, and then points out the influenceon buyer’s impunity incurred by seller’s refusal to carry out inspection. Finally, the authorreveals the internal conflicts within Article35and comes up with the fundamental solution tobalance the conflicts.Part Ⅲ: Burden of proof in the rules of conformity under CISG. By analyzing relevantarticles of CISG, the author concludes that burden of proof is a matter regulated by CISG. Anapproach for the allocation of the burden of proof in accordance with Article7, paragraph2has been raised in this part, which applies the principle of ei incumbit probation qui dicit, nonqui negat and proof-proximity and the theory of prima facie evidence in different stages, onthe basis of distinguishing the material facts in a case.Part Ⅳ: Problems in the application of the rules of conformity in CISG by judicialinstitutions in China and suggestions. The author describes how Article35is applied byChinese courts and CIETAC, points out the problems, and provides suggestions forimprovement.