Study On The Scope Of Compensation For Damages Of CISG And The Inspirations To China

In the international sale of goods,breach of contract is difficult to avoid in international transactions.If one party defaults to the contract,the other party may take measures to remedy the actual performance of the contract,terminate the contract and damage compensation.The United Nations Convention on Contracts for the International Sale of Goods(hereunder referred to as "CISG" or "the Convention")provides general rules for the issue of default relief.Since its enactment in 1980,as of January 2017,85 States have ratified or acceded to The Convention.It is considered to be one of the most influential legal documents in the field of international unified contract law.CISG has three major relief measures: the actual performance,declared the contract is invalid,compensation for damages.In the international trade in goods disputes,when a party defaults,the injured party will usually claim damages for breach of contract because it can be applied either alone or in conjunction with the actual performance and discharge of the contract,and the scope of application is very broad.Damage compensation system as one of the most basic measures of default relief,has an important position in CISG default relief system.Its research also has important application value.China as a trading power,but also CISG countries,China’s parties in the international trade in goods will unavoidable encounter damage compensation problems.Therefore,the scope of research into CISG damage compensation is of great significance.When the parties failed to reach a consensus on the amount of compensation,they may resort to the court or the arbitration commission,and the referee shall determine the scope of the damages.However,because CISG’s article itself is more abstract,part of the provisions are the products of compromise.The scope of damages is not very clear,how to determine the scope of the case according to the specific circumstances of the case,become the object of study.In order to promote the smooth development of international trade today,we have to face this problem and try to solve this problem properly.In this paper,CISG damage compensation system as the core,the use of comparative law,the article analysis method and other methods to determine the scope of compensation for damages,restrictive provisions of the study,analysis of the scope of damages.On the basis of studying the case of the scope of damage compensation in China’s judicial practice,this paper compares the relevant provisions of China’s domestic law,analyzes the shortcomings of the provisions on the scope of damages in China,and puts forward corresponding suggestions for improvement.This paper is divided into four parts.The first part is an overview of default damages.This chapter first introduces the concept of the scope of damages to determine the basis of the scope of damages-the loss as the focus,the classification of the problem,the comparative method of the two major legal systems of domestic law on the different classification of the loss.It’s also analyzes the loss classification in CISG.The second part is divided into two sections,mainly to determine the scope of the principle of compensation for the damage or rules.The first section totally covers the principle of complete compensation.As the most basic principle,although the principle of complete compensation has been the domestic laws and CISG affirmation,the understanding of the principle of each country is still there are differences.It is to be noted that while the principle of full reparation can guarantee the full compensation of the injured party,it is determined that the scope of damages is affected and constrained by various factors and is subject to restrictive conditions when determining the scope of damages.Predictive rules and impairment rules are the basic limits of the scope of damages.The third part mainly discusses the specific scope of damages,that is,the analysis of which losses can be compensated,and the compensability of which losses are controversial.The author from the CISG Article 74 of the provisions of the CISG within the framework of the scope of damages for breach of contracts,can be seen from Article 74,the scope of damages should include the actual loss and loss of profits.In the second section,the author of the current theory and practice in the existence of several common forms of loss of the compensable analysis.The form of these controversial losses mainly are: loss of profit opportunities,loss of exchange rate,loss of attorneys’ fees and loss of goodwill.In the fourth part,based on the research of the previous parts,the author turns to the relevant legal provisions of our country.Based on the judicial practice of our country and the CISG case in China’s judicial practice,this paper mainly studies the compensation scope of CISG Understanding,and then explore China’s scope of the provisions of the compensation for the lack of legislation,and accordingly to improve the proposed recommendations to improve the scope of China’s compensation system to provide the direction of the system.