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On Exemptions Of Convention On Contracts For The International Sale Of Good

Posted on:2016-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2296330464950581Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of economic globalization, national laws and international laws tend to be assimilated. This article seeks to solve the problems of legal conflicts and gaps, focusing on exemptions of United Nations Convention on Contracts for the International Sale of Good. Exemption, which suggests the principle of trust and good faith is an important issue of contract law, as well as the exception of the principle of fulfilling the contract. United Nations Convention on Contracts for the International Sale of Good, as an international convention, establish independent rules of exemptions in article 79 and 80.Therefore it lacks legal principles of continental law system and cases of common law system to fill the gaps where the convention is not complete. The article analyze the issue on exemption not in accordance with the order of articles, instead it study the issue from establishment, adoption and effect these perspectives to fill Moreover this article uses a innovative way called tri-step method to identify the vagueness and fill the gaps, guaranteeing the convention uniform and independent. In the end, the article compares Chinese contract law with the convention and finds disadvantages in exemptions of Chinese contract law.
Keywords/Search Tags:exemptions, impediment, force majeure, gap-filling
PDF Full Text Request
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