Practice Research On The Reservations Of CISG

The United Nations convention on international trade sales contract( hereinafter referred to as the convention or the CISG) as a special deal with the international uniform substantive law of international trade disputes, its importance in world trade area is to any other international conventions unbeatable. After all, the Convention is the outcome of the continuous consultations and compromise with the countries of different legal, political and economic conditions, and the reservation has become an issue that cannot be avoided in this Convention, and thus some states parties have made their own reservations in accordance with their own reality, in the ratification, acceptance or accession to the Convention.It is primarily the reservation of “contract form” and the reservation of “private international law rules lead to the application of the Convention”. China has also made these two reservations. The reservation of “contract form” has been revoked, which has promoted the development of our country’s international trade; the reservation of “private international law rules lead to the application of the Convention” has not been revoked, but the timely withdrawal of this reservation can effectively solve the problems of the current application of the Convention in the current.In this paper, we will analyze the two reservations of the Convention by theory with practice. In this paper, it is divided into three parts. In the first part, it introduces the reservation outlined of the Convention, starting from the origin, concept, condition and legal effect of the reservation, which is stipulated by the Vienna treaty law, it first introduces the basic theory of reservation, then the reservation of CISG and the reservation of the State Party are also expounded. In the second part, it is mainly about the reservation of “contract form”. Firstly, it introduces the background of writing, and discusses the legal effect of the reservation, and then focus on the positive impact of the withdrawal of the reservation. In the third part, it is mainly about the reservation of “private international law rules lead to the application of the Convention”. Firstly, We will have a comprehensive understanding of the reservation of “private international law rules lead to the application of the Convention”.Then we analyze the legal effect of the reservation. Finally, we study the feasibility of China’s revocation of the reservation in the domestic and international trends and practices.