Research On The Interpretation Of China's Case Under Article 79 Of The CISG

With the increasing frequency of international trade activities,the contract exemption system has always been one of the most concerned issues in various countries.The United Nations Convention on Contracts for the International Sale of Goods(CISG),as an international treaty,plays an important role in regulating the relationship of the world economy and trade.Among them.Article 79 of the CISG is a provision on the exemption of the Convention.However,the article did not adopt the existing legal terminology of domestic laws,but created a new term "an impediment beyond his control" and formed an independent exemption rule.It provides a universal international standard for resolving the dispute of exemption in international trade contracts.Since the provisions for Article 79 of the CISG is rather vague,such as the use of "due to an impediment","a third person" and the like,which also raises many questions.There is no specialized authority in the world to explain the CISG.it is usually used and interpreted by courts or arbitration institutions in various countries.The judges and arbitrators of different countries are affected by the background of their own legal system.It is easy to explain the CISG with the thinking of domestic law,so there is a big controversy and disagreement on the understanding of CISG.This article focuses on the use of case study,extensively examines the jurisprudence of China applying Article 79 of the CISG.Through the study and research on Chinese judicial precedents,to understand how the judicial organs of our country interpret and apply Article 79 of the CISG in practice.This will help us to identify problems and learn from them,so that we can better use Article 79 of the CISG in the future.The paper is divided into six chapters:The first chapter is the introduction,which is mainly about the introduction of the research background and a brief description of the main contents;The second chapter is an overview of Article 79 of the CISG.This section explain’s the history of Article 79 of the CISG and the contents of the Article;The third chapter follows the case of "an beyond his control",the case of "could not reasonably be expected",the case of"could not have avoided or overcome it or its consequences","The party’s failure is due to a third person is that party is exempt from liability";The fourth chapter follows the third chapter,analysis of the interpretation of Article 79 of the CISG in China,and know how our judiciary explains and applies Article 79 of the CISG.The fifth chapter is to find out the problems that the interpretation of the Chinese judiciary.Finally,the sixth chapter proposes some reasonable suggestions for this.