Research On The Exemption Clause Of CISG Article 79

In the international trade in goods,the exemption of contract has always been an important issue of contract law.With the booming development of international trade today,the United Nations Convention on Contracts for the International Sale of Goods(CISG)has become one of the most important conventions in the international trade.In CISG,Article 79 creates new terms to make provisions for the exemption matters in the breach of contract.The first paragraph of the Article 79 uses the creative term "impediment" to make provision for the exemption excuses,which differs from many traditional concepts of domestic law.Especially,the second paragraph of the Article 79 is an innovative provision.This paragraph regulates the breaching party may be exempt from liability due to the non-performance of the hired third party.The exemption clause is an important provision of the CISG and has a complete system of applicable standards and innovative concepts.It is not only instructive to solve international trade disputes efficiently,but also has considerable reference value for domestic legislation.Therefore,based on the different international contract model laws on the exemption matters,this article will analyzes every clause of Article 79 with the methods of case analysis and comparative study.In particular,the paragraph 2,which is about the third party's reasons for breaching of contract,will be focused on.And its reference significance to China's Contract Law will be emphatically discussed as well.The first chapter will elaborate the legislative background of Article 79 of CISG and will make a comparative analysis between this article and other related provisions in different international model contracts.The second chapter will demonstrate the definition and constitutive elements of the word "impediment" in Article 79(1),and will discusses the relationships between the impediment andthe force majeure.Additionally,this chapter will discuss whether the hardship can be applied to the impediment of Article 79(1).The third chapter will focus on the exemption excuse of the third party in Article 79(2)by analyzing the criteria and scope of the third party.Then,this chapter will also analyze the application conditions of this clause and its significance in theory and judicial practice.The forth chapter will deal with the relevant provisions of the other three clauses of Article 79,including the period of exemption,the obligation of notification by the defaulting party,and the legal effect of the exemption.The fifth chapter will firstly introduce the difference between the Article 121 of China Contract Law and the Article 79(2)of CISG.Next,the dispute among academic circle on the abolition of Article 121 of China Contract Law will be put forward.Finally,this chapter will propose the reference value of the Article 79(2)and provide a possible restriction path to the provisions of Article 121 of China Contract Law.