Research On The Application Of CISG Damage Compensation Principle In Our Country

The "United Nations Convention on Contracts for the International Sale of Goods"(hereinafter referred to as the "CISG")was made on the basis of national characteristics that fully considered different legal traditions,social systems,and economic development levels,and compared the legal systems and doctrines of various countries.Since 1988,the year went into effect,it has been approved by 89 countries.Breach of damages is an important content in the field of contract law,but there is a big difference in legislation between the Continental law and the Common law.The basic principle of damage compensation for breach of contract which established in Article 74 of the CISG balances the conflict between the two major legal systems,is fair and reasonable in rule arrangements.It is widely recognized,understood and accepted by the international community,and promotes the development of international trades.With the rapid development of China's import and export trade,especially after China's accession to the World Trade Organization,the number of cases involving the performance of international goods sales contracts and damages for breach of contract has increased substantially.The principle of damages of CISG has also been increasing used by our courts and arbitration institutions.There are also 33 countries that have joined the CISG in countries along the "Belt and Road",and the number of countries participating in the "Belt and Road" Initiative continues to increase.In the future,CISG will also play a greater role in China's foreign trade.This article takes damages clause of CISG as the core of the study and divides it into four parts:the nature of damages,the principle of compensation,and the application of CISG damages in China's courts and arbitration organizations.The second part mainly analyzes the damage compensation system in CISG,compares it with other relief measures,and the compensation nature of damage compensation.The third part analyzes the principle of compensation for damages through case studies.This chapter focuses on three principles of the damage compensation:the principle of complete compensation,foreseeable standards,and impairment rules.The four and five part is based on the cases of domestic courts and arbitration institutions to study the application of damages clauses in the CISG and some advice in China.