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A Study On Interpretative Rules In CISG Regarding The Statements And Conducts Of Contractual Parties

Posted on:2014-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:L L SunFull Text:PDF
GTID:2256330392463633Subject:International law
Abstract/Summary:PDF Full Text Request
The United Nations Convention on Contracts for the International Sale of Goods(hereinafter referred to as CISG) to explain the principles of statements made by andother conduct of a party (if such statements or conduct is governed by the Convention)is provided by Article VIII. As we all know, different interpretation of the conduct of theparties, it will be different result in the legal consequences. Therefore, it is an advisableOption that the Convention provisions this article separate in the General Chapter. First,the article explores the concepts and theories based on Article8; traces the historicalorigins of the Article and the draft; third part is a comprehensive interpretation of theArticle’s words and their deep meaning, of course, It should be noted that "statements orother conduct of the parties","intent","reasonable person"“the other party would havehad in the same circumstances " that need further clarification, and illustrate withexamples; Finally, focus on the yet to be perfected the Article of design. Article8of theConvention on the coordination of the different provisions of the two legal systemsexplain the principles for the conduct of the parties, the Article also lack of Determinethe time about the intentions or behaviors of the parties, all relevant circumstances ofthe case into account to increase the difficulty of the article’s applicable. This research isstriving to improve the level of the principles of international trade in explain theconduct of the parties, and further promote the conduct of the parties on the relevantconventions or national law to explain this principles.
Keywords/Search Tags:statements or conduct, intent, reasonable people
PDF Full Text Request
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