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Research On Provisions Of Commitments And Effectiveness In CISG

Posted on:2016-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:M J LiFull Text:PDF
GTID:2296330479988773Subject:Law
Abstract/Summary:PDF Full Text Request
The United Nations Convention on international sales of goods(hereinafter referred to as CISG) is the most important legal document for international sale of goods. The commitment system and its way and the rule of effect are an important content of CISG, and have a very important position and function for the sale of international goods.. Therefore, it is quite necessary to standardize and understand the commitment system, and to clarify the part of the dispute.. CISG Article 18 stipulates commitments can be to make statement or other acts, a clear commitment to the way of the contract entered into a very critical; determine the contract commitment and the effectiveness of the entry into force of the time and location related issues, in the future to resolve disputes, determined by the court jurisdiction and application of law has important. So the way and the effectiveness of the commitment is essential. CISG provides that silence and inaction do not themselves promise, but what is the word "itself" that is the best way to keep the legislative intent of CISG? How to solve the dispute in practice? On the basis of theoretical analysis, the paper will explain the one one. The analysis of the CISG terms at the same time, this paper intends to its predecessor history comparison analysis, in clear based on the legislative intent of the Convention, with an emphasis on the commitment of different ways and the effect of the provisions, combined with the relevant provisions of this system are analyzed.Finally with China’s "contract law" provisions of the combined study in our country is about commitment and effective path to improve the system, clear the CISG commitment related issues and domestic law and comparative analysis, and be absorbed.
Keywords/Search Tags:CISG, offer, acceptance, statement acceptance, behavioral acceptance, silence
PDF Full Text Request
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