The Research On The Open Price Contract Under CISG

The Open Price contract is a kind of contract which doesn’t fix the price at the time of the conclusion. The appearance of open price term contract has brought great challenges to the traditional contract law. Therefore making a research on the open price contract has an important significance to the development of the international trade. This paper based on the United Nations Convention on Contracts for the International Sale of Goods (hereinafter called" CISG"), depends on the analysis of basic theory about open price contract, using the method of comparative analysis and case studies, analysis the theory and practice and put forward our views on the theory.The full paper is divided into introduction, main body and conclusion. Main body contains four chapters:The first chapter is mainly relevant theoretical overview of the background of the pending contract from the CISG and the classification of the contract. It gives the full description about CISG, and the performance in the international trade practice.The second chapter is mainly discussing the effective of the open price contract through the academic dispute of CISG Article14and55and analyzed the basic theory of the open price contract, this paper has also analyzed the open price contract through the basic theory of contract establishment and establishing conditions of the open price contract.The third chapter has analyzed the method of price determination about open price contract from the Contract pricing mechanisms and business practices, or customary practice. In addition, this chapter gives the different price determination proposal to different types of contract.The fourth chapter is mainly using case analysis method, to analysis the present judicial practice from the Price mischief rule of the judicial practice and the problem of open price contract in judicial practice. To the nation courts, this article suggests that if it would reference the terms of Article8of the CISG when combined CISG Article14and55,they would be more comprehensive determination of the merits. To the international businessman, this article suggests that choose a loose domestic law as the updating method, or ostensibly exclusion the Article14through the use of Article6of the CISG. The development of international trade will be promoted in this way.