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Study On The Article9of CISG

Posted on:2014-09-14Degree:MasterType:Thesis
Country:ChinaCandidate:B Q ChenFull Text:PDF
GTID:2256330392963635Subject:International Economic Law
Abstract/Summary:
There are numerous and variety of international trade usages in the field ofinternational trade. and in the process of transaction, between the parties differentpractices are formed, all those played important roles to simplify trading proceduresand reducing transaction costs, but because of the parties may be from different legalenvironment or different trading tradition country or region, which easily lead todisputes between the parties about the validity or power of usages and practices. TheUnited Nations Convention on contracts for the International Sale of Goods, which iscalled the most successful Convention in the history of the uniforming of InternationalTrade law,in which the question of the validity of usages and practices were definedby it’s Article9. This paper intends to focus on Article9of the Convention, startingfrom tracing the legislative history of Article9, then analyzing the nature of theinternational usages and practices, the sources,the form, and restriction of theirvalidity. and then to explore how to apply these rules, which including to clear therank of power among the Convention, domestic law, usages and practices and to putforward an amending advice in connection with the shortcomings of domesticlegislation.
Keywords/Search Tags:usages, practices, validity, CISG
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