Research On The Application Of Force Majeure Clause In The Contract Of International Sale Of Goods

Force majeure is a common business term in international trade,and it is also the legal rule of many countries.In judicial practice,due to the differences in the application and interpretation of force majeure in laws of different countries,the specific definition,scope of application and contents to be proved when the contract cannot be performed,the legal restrictions when the relevant provisions are quoted are different.Therefore,both parties will also dispute whether the force majeure event constitutes the international contract for the sale of goods.In order to protect the interests of both parties,protect trade security and promote the further development of foreign trade,we should reach a more unified understanding on the application of force majeure clauses.The outbreak of the novel coronavirus pneumonia(COVID-19)in 2020 has attracted worldwide attention.Who defines the epidemic as "public health emergencies of international concern".With the spread of epidemic in the world,countries have issued strict control and control policies.Some countries with serious outbreaks even take blockade measures.In this case,the performance of Foreign-related Contracts in China will face legal risks such as delay in performance and inability to perform.For example,whether the epidemic affects the buyer’s ability to perform the contract,whether the buyer can provide relief according to the contract,and the impact on the whole contract relationship need to be clarified.Even after the domestic epidemic situation is controlled,the foreign-related field is still in a long-term downturn.Chinese enterprises even face the change of the role of the defaulting party from the default direction.Therefore,the determination of force majeure is the first consideration in legal analysis when dealing with contract disputes.Force majeure may lead to the suspension of limitation of action,the right to rescind,the whole or part of the exemption.Therefore,it is necessary to analyze the different influence of force majeure rules on the contract and the normative functions of various systems according to the specific situation.As a unified legal standard widely used in the field of international trade contracts,the United Nations Convention on Contracts for the sale of goods has not adopted the corresponding provisions of the domestic laws of any country in the world.When the force majeure exemption clause is applied,judges,scholars and arbitrators of different countries usually use the concept of domestic law to explain and classify them.Due to different legal systems,when determining force majeure,we need to start from many aspects according to the specific situation.We should not only consider the specific meaning of force majeure,but also consider other relevant factors,such as causal relationship,influence degree,etc.Based on the representative international conventions and commercial practices in China’s legislation and international trade,this paper discusses the relevant provisions of force majeure,discusses several key issues in the conclusion of international contracts for the sale of goods,and discusses how to apply the relevant laws,regulations and conventions in the practice of international contracts for the sale of goods,and how to protect themselves in the contract Some practical suggestions are put forward for personal benefit.It will help both parties in international trade to make more fair and reasonable clauses in the contract,avoid ambiguity and unnecessary disputes between the two parties.Undoubtedly,it will play an important positive role in maintaining trade security and promoting the development of international trade in goods.The whole text is divided into three parts: introduction,text and conclusion.The text can be divided into four partsThe first part mainly focuses on the overview of force majeure.Through the origin and evolution of force majeure clause,the paper lays the foundation of the whole text.And the article also analyzes the specific influence of the performance obstacle of the contract caused by force majeure on the international goods sales contract and the legal significance of the agreed terms in the contract.The second part mainly discusses the application of force majeure rules in China,the general factors that should be considered in the terms of force majeure in commercial contracts issued by the International Chamber of Commerce in 2020 and the relevant provisions in the terms of force majeure and difficult situations issued by the International Chamber of Commerce in 2020.The relevant provisions of CISG concerning force majeure are indeed determined and exempted,and the force majeure system of general principles of international commercial contracts is analyzed and systematically combed The differences in the judicial application.The third part is the application of force majeure clause in international sales contract,and discusses the cases and the thinking caused by the new epidemic situation.First,the differences between CISG and general principles are discussed.Secondly,it discusses whether the epidemic situation belongs to force majeure situation due to the difference in the identification of different legal systems.Force majeure event is an important premise for the settlement of disputes,such as the causal relationship between the contract and the time node of contract signing.Finally,the paper analyzes the scope and elements of proof required under the force majeure event.The fourth part mainly puts forward suggestions on how to perfect the relevant provisions of force majeure in the international goods sales contract.When drafting the contract,the applicable law is clearly defined,the causal relationship and time node are accurately identified,the obligation of notice can be clearly defined in advance in the contract,in addition,the awareness of evidence should be enhanced and relevant evidence should be retained.