Research On The Gap-filling Interpretation Of United Nations Convention On Contracts For The International Sale Of Goods

Thanks to the unremitting efforts and the noble pursuit made by the internationalcommunity on uniform sales Law since1920s, United Nations Convention on Contractsfor the International Sale of Goods (hereinafter CISG) finally comes into being which is ofgreat achievement. It is just the repeated consultations, concessions, compromises amongdifferent countries that inevitably lead to ambiguity, uncertainty and vulnerability CISG tosome extent. Therefore, the application of CISG calls for amendment and interpretation ofthe convention. The correct understanding of the principles and spirit of CISG has greatsignificance for guaranteeing the rights of both sides in international sales of goods. Thispaper explores how to interpret and fill-gap of CISG.As a unified model of contracts for sales law, article7of CISG sets out it is own rulesfor interpretation. Article7.2of CISG specializes in gap-filling interpretation theuncertainties. This thesis is divided into five parts. The first chapter deals with theoverview of the gap-filling interpretation of CISG. The second chapter explores the necessity of the gap-filling interpretation of CISG and the conditions from the two aspects:the adjustable range and existing gaps. The third chapter is the role of the generalprinciples in the gap-filling interpretation of CISG, and the specific content of the generalprinciples. After careful description on the general principles of gap-filling interpretation,chapter IV of this paper focuses on the destination of gap-filling interpretation, caseanalysis of gap-filling interpretation, analogy gap-filling interpretation and others concretegap-filling interpretation methods. In the fifth chapter it moves the attention back to thestatus quo of gap-filling interpretation in our country and its application on the caseanalysis.