CISG's Non-defaulting Party's Derogation Rules And Its Application In My Country

Mitigation rule requires the non-defaulting party to take reasonable measures to avoid further losses after the fact of default occurs.It is widely accepted by domestic and international legal documents of various countries and is an important rule for compensation for breach of contract.This rule is in line with the principles of honesty and fairness,can effectively reduce waste of resources,protect the interests of both parties,and is generally accepted by domestic and international legal documents of various countries.It is an important rule for damages for breach of contract.The United Nations Convention on Contracts for the International Sale of Goods(CISG),as one of the most important international commercial legal documents,clearly stipulates the mitigation rule.This paper will combine specific cases to study the relevant provisions of CISG on the mitigation rule and analyze the application of this rule in China.This paper first introduces the concept and nature of the mitigation rule,analyzes the specific provisions in CIGS on the rule and their differences from Principles of International Commercial Contracts(PICC)'s relevant articles,and the application of the mitigation rule in different forms of default.Next,the rationality standards of the mitigation rule are discussed from both objective and subjective aspects,and common reasonable mitigation measures are introduced in combination with cases.The third part expounds the role and significance of the mitigation rule,and how to calculate the compensation amount and how to assign the burden of proof after applying the rule.Based on the above research on CISG mitigation rule,this paper further analyzes the relevant content of the mitigation rule in China's domestic law and its differences with relevant CISG regulations.According to the cases tried by China's courts and arbitration courts,this paper also explores the specific situation of the current application of CISG mitigation rule in China,and proposes solutions to the existing problems.