CISG Article 79 “Uncontrollable Obstacle” Exemption Clause Application Study

With the rapid development of international trade,because of an uncontrolled impediment which gives rise to non-performance of obligation,the party in default shall nevertheless be permanently relieved of his obligation.The quantity of exemption issue becomes more and more.In order to unify theoretical standard of exemption issue on cross-border disputes,“United Nations Convention on Contracts for the International Sales of Goods” on article 79 provides a convention on the issue of failure to perform a contract which is due to an impediment.In the international legal system,the impediment terms improve the exemption legal system in cross-border economic and trade that an unexpected impediment resulting no-performance.At the same time,it plays an important role in the maintenance of the security on international trade.However,compared with other domestic exemption system,the impediment exemption term is not perfect.On current practical application,the article 79 is still many problems.Mainly in areas such as the defective performance whether within the scope of failure to perform obligations or not has not yet been clearly defined;the degree of uncontrolled impediment isn't defined clearly.There is hardship where the occurrence of events fundamentally alters the equilibrium of the either because the cost of a party's performance has increased or because the value of the performance a party receives has diminished.Perspectives on settling a dispute on the party non-performance asks for exemption are different.In response to these applicable difficulties,on the basis of these relatively sophisticated exemption predetermines of main representative countries and combination of actual cases,a series of related solutions are necessary from a legal perspective.From perspective of the comparative law,that the essay analyzes the Concept of Frustration and Force Majeure is definite reply the relevant exemption provisions,in order to provide for two types of different references for the exemption application.On the basis,it summarizes the characteristics of flexible and rigorous performance of the two exemption clauses.Putting forward the applicable rules should be established in the international sale of goods contract,in order to eliminate the application of the domestic law.The essay offers a scientific proposal on impediment exemption that should be insisted on analysis under the Strict Liability Principle,and,and completely avoid the invisible fault liability.Summarized the fault is definitely not an obstacle exemption consideration.Combining with domestic and foreign studies to definite its connotation,and analyzes the composition of impediment to proposed uncontrollable character covers unforeseeable feature and has a parallel relationship with unavoidable characteristic.