Research On The Exclusion Of The United Nations Convention On Contracts For The International Sale Of Goods

With the continuous expansion of international trade liberalization,the 1980 CISG became the most important international unified substantive law in the field of international trade,and more and more parties and tribunals select the CISG as the applicable law of the contract.Therefore,the importance of researching CISG is selfevident.CISG has been in existence for more than 30 years since its birth.There are a lot of studies about the application of CISG,and also achieved very fruitful results.However,the scholars do not pay enough attention to the exclusion of CISG,and the related research is very few.In fact,the study of the exclusion of CISG is also very important.The application and exclusion of CISG are two mutually antagonistic but united issues.The research on the two problems can achieve the same effect,which can promote the unified application of CISG in the field of international trade and provide good legal guarantee for the parties in contracting state to carry out international trade.Therefore,the topic of this article is the exclusion of CISG(when the main body for the trial body only talk about court as the main body of the case),in order to theoretical and practice can have more attention to this issue.This paper is divided into five parts:The first part is the introduction.First introduced the background of CISG,and then according to the survey of CISG practice roughly statistics on the frequency of excluding CISG by contracting country,and draw the conclusion that the frequency of excluding CISG is high.Then analysis of the factors which influence the exclusion of CISG.Finally discusses the rationality of excluding CISG.The second part discusses the exclusion of CISG by the parties' autonomy.The parties may exclude the application of CISG is permitted by CISG itself,and it is also the main way of excluding CISG.This part is divided into two aspects.The first aspect is the ways of exclusion of CISG and the specific form of expression;the second level is to analyze the specific restrictions of the exclusion of CISG by the parties' autonomy.The third part discusses other situation of exclusion of CISG except for parties' autonomy.Mainly refers to the priority of other rules which meet special conditions and constitute the restrictions on CISG.Including the priority application of usage which the parties have agreed and by any practices which they have established between themselves;the priority application of international agreements;the reservation to CISG and the country where the parties are located has the same rules of trade and declares that CISG does not apply to its sales contract.Of course,the priority of these rules must meet certain conditions.In general,the priority application of these rules only constitutes a partial exclusion of CISG.The fourth part discusses the current situation of the exclusion of CISG in China and puts forward the solution.First of all,through the specific cases analysis of the problems when courts excluding CISG,and thus find the cause of the problem,and on this basis to look for the solution to the problemThe last part is conclusion.