The Research And Analysis On Categorization And Legal Application Of Computer Software Under The CISG

The International uniform law system, the 1980 UN convention on the international sale of goods(CISG) is undoubtedly the most important, the core of an international convention, but the scope of application of CISG with the development of computer science and technology and electronic commerce trade and questioned, one of the most prominent problems, is that whether the computer software should be identified as "goods" under CISG convention. On the analysis of the problem at the same time, the method of legal interpretation of CISG has also become the primary approach of study, mainly for the analysis of the preamble part of CISG and paragraph 1 of Article 7 of the contained "autonomous and supranational interpretation method. This thesis will mainly analyze the CISG itself on the nature of the software in a computer software contract defining the problem, at the same time so as to analyze CISG contracting states to keep the CISG and the unified method of "international unity" international trade problems and uniform substantive law of international trade for the future development prospect.On the analysis of the problem at the same time, the method of legal interpretation of CISG has also become the primary object of study, mainly for the analysis of the preface part of CISG and the provisions of the first paragraph of article 7 contains the principle of "autonomy".This article will mainly study the CISG itself on the nature of the software in a computer software contract defining the problem, at the same time so as to analyze CISG states parties to keep the CISG and the unified method of "unity" international trade problems and uniform substantive law of international trade for the future development foreground outlook; This article in the existing provisions of the CISG, the treaty for the legislative purpose of in-depth analysis and interpretation, and the United States, Canada, Australia and Chinese scholars on the definition of computer software or program under CISG and applicable problem point of view and the theory of integration, all countries on the basis of the analysis of existing related cases, the CISG and under the current international trade practices, the nature of the computer software or programs that applicable law and the existing problems are more sufficient and comprehensive research; As compared with foreign scholars, Chinese scholars research on this question is less, the depth is not enough in-depth, based on theory research of this paper can not only make up for the gap with other countries, and can be combined with the specific international trade commercial legislation and judicial practice in our country, on the reference of meaningful conclusions, and promoting the further development of the cross-border trade law practice in China.