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A Study On Price Reduction System Of The United Nations Convention On Contracts For The International Sale Of Goods

Posted on:2016-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z ShiFull Text:PDF
GTID:2296330479488671Subject:International law
Abstract/Summary:PDF Full Text Request
The United Nations Convention on Contracts for the International Sale of Goods(CISG for short) is one of the most influential unified laws of contract for international sale of goods. The responsibility for the breach of contract is one of the core contents in contract laws, and CISG has made systematic arra ngement for it. The price reduction system stipulated in article 50 in CISG is an important part of its overall system of responsibility for breach of contract. The price reduction system originates from “actio quanti minoris” in the Roma n law and is commonly found in the legislation of the civil law countries. CIS G incorporates the price reduction system in its system of responsibility for br each of contract after balancing the conflict between the two law systems. And the price reduction system has been creatively adapted so that it can be better fit into the overall arrangement of CISG. In the end, this arrangement is wide ly accepted by the international community and has effectively promotes the de velopment of international sales of goods.This paper intends to do a research from the perspective of article 50 in CISG. First of all, start from historical evolution of the price reduction system,this paper grasps an understanding of article 50 in CISG, focuses on the disc ussion and revision process of the price reduction system arousing during the e stablishment of CISG. Second, it intends to analyze CISG’s arrangement of the price reduction system in terms of its characteristics, application condition and calculation, etc. Third, based on the situations that may occur in international sales of goods, it analyzes economic structure of the price reduction system in CISG and explicate the appropriate use of the price reduction system, and tries to implement overall evaluation on the price reduction system in CISG, comp ares it with the contract law in China in expectation of providing certain refer ence for Chinese legislation.
Keywords/Search Tags:CISG, price reduction, article 50, goods do not conform with contract, ratio calculation
PDF Full Text Request
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