Analysis Of The "Usual Purpose Of Use" Of Article 35 Of CISG

The United Nations Convention on Contracts for the International Sale of Goods has been widely applied since its entry into force.In the process,a large number of disputes have arisen due to the problem of“conformity of goods”.The most difficult legal problem in such disputes is the quality of the goods If the quantity,specifications and packaging are not agreed or the agreement is not clear,how should the goods delivered by the seller be consistent?To this end,CISG Article 35,paragraph 2,specifies a series of objective criteria for judging the conformity of goods,the most controversial of which is the object of this study-"a general purpose of use of goods" in(a).Although the "usually used purpose" is only a simple five words,it is short and succinct,and there is a great controversy in its judgment standards.The Anglo-American legal system countries tend to adopt the"commercial quality standards" in their domestic laws.Judging whether the goods delivered by the seller meet the "usual use purpose",civil law countries tend to use the"average quality standard" to judge.The author further agrees with the"reasonable quality standard" summarized by the Dutch arbitral tribunal in the trial of the Rinjin mixed product case.The standard is more flexible and neutral,more in line with the CISG's interpretation rules,and has been widely recognized and accepted by the academic and judicial circles.The standard in the sense of the standardization law of the importing country sometimes affects the judgment of the "usual purpose of use" of the goods,but the seller does not need to comply with all the standards of the importing country.In the absence of relevant agreements,in order to reasonably divide the risk burden of the buyer and the seller,the seller It is only obligatory to deliver goods that meet this standard when they know or should know the standards of the importing country.In order to achieve a better referee effect,the referee agencies in China can learn from the international referee experience of CISG Article 35 "usually used purpose".