The Study Of Mitigation Rule Under CISG

Recently,the vast majority of sales of goods are subjected to the Untied Nations Convention on Contracts for the International Sale of goods(CISG).It is important for us to understand the rule of mitigation because the rule of mitigation is an important part of International trade rules.Now in the fields of law and economy,the mitigation has attracted more and more attention.Nowadays,the most of study of mitigation both in China and abroad is with respect to the concept of mitigation and about the concrete application of mitigation in the juridical practice by the court and arbitration tribunal.I will begin from the theoretical content of the mitigation,and then to talk about the relationship and difference between mitigation and some other rules in International trade.Moreover,it is also important for us to learn about the beginning time,the cost problem and the burden of proof under the rule of mitigation.Additionally,according to the Article 77 of CISG,the injured party need to take reasonable action to mitigate the damage or prevent the loss from extending.However,there is still no explicit and uniform standard to judge the “reasonability” in the juridical practice.So we need to focus on the case law to explain the reasonable action,what's more,we can learn from some cases and some academic point of view.As well,we discuss about the revelation of improvement of mitigation in Chinese Contract Law by studying of the rule of mitigation in the CISG.