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The Expansion On The Scope Of Application Of The CISG

Posted on:2019-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:H ChangFull Text:PDF
GTID:2416330623953915Subject:Law
Abstract/Summary:PDF Full Text Request
The CISG,adopted in 1980,is by far one of the most influential international commercial laws.By 2018,the number of its Contracting States has reached 89.Since its entry into force,the Convention has established a set of uniform rules for the adjustment of international sales of goods on a global scale,demonstrating the legislative changes in many Contracting States and promoting the development of commercial globalization.However,with the deepening of economic globalization,the international trade methods and contents have undergone tremendous changes: the rise of service trade,the computer software transaction contracts arising from the emergence of e-commerce,and the increasingly important consumer sales of transnational nature.The type of trade poses a challenge to conventions with narrow scope of application.Since the Convention does not have a complete and specific definition of "goods",combined with the provisions of Article 7 of the CISG on interpretation rules,under the guidance of the principle of autonomous interpretation,a reasonable interpretation of the scope of application of the Convention can be made."Goods trade" and "service trade" are aimed at satisfying people's needs.The difference between the two is that the purpose of the purpose is different.The former mostly provides tangibles to complete transactions,while the service trade is usually invisible..In practice,although some contract laws that regulate private business relations will "goods" and "services",the Convention still has the necessity and feasibility of adjusting trade in services: one is that trade in services has been in thepast ten years.Rapid development,in the international sale of goods,although the service is not a major part of the contract transaction,but also plays an important role in the final realization of the contract purpose;the second is that the provisions of the Convention do not explicitly exclude the application of trade in services,in some In the judicial practice,the jurisprudence of the Convention on the application of sales contracts involving service trade is used as an empirical support.The article explores the application of CISG to the definition of software,and analyzes the application of mixed contracts involving software.This part integrates the views and theories of the definition and application of computer software under CISG under the integration of the US and Germany,and analyzes the existing cases of the two countries.In this paper,the nature of computer software or procedures and the application of laws are more fully and comprehensively studied.The improvement of the international trade environment and the change of payment methods make cross-border consumption more convenient,fast and efficient,but the relevant provisions of international commercial law to protect the sale of consumer goods are not sufficient and perfect.As an international convention with international unity,CISG,in order to avoid conflicts with the mandatory provisions for the protection of consumer rights in each State Party,provides for the exclusion of the sale of goods for private use in Article 2(a).Applicable,in the context of the prevalence of today's multinational consumer goods trading,this provision makes the scope of the Convention narrowly disadvantageous,which is not conducive to maintaining its stability.However,at present,it is difficult to revise the convention,formulate a model law or formulate a new law to make up for the shortcomings of the scope of application.Using the analysis of the principle of autonomous interpretation,it can be found that Article 2(a)of the Convention actually excludes the case of“specialized” purchase of goods for personal use,and the purchase of consumer goods for commercial or other purposes,even if the intended use also includes individuals.The use does not affect the application of such goods to the Convention.Moreover,the Convention also provides an exclusion from this provision,that is,the seller does not have the obligation to ask the buyer for the purchase intention.With the development of economic globalization and international trade,changes in trading methods and contents have put forward new requirements for the improvement of the Convention.China is one of the early parties to the Convention.I hope that this article will provide some reference for the full application of the Convention in China.
Keywords/Search Tags:CISG, Principle of Autonomous Interpretation, Goods, Services, Computer Software, Consumer Sales
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