法学考研法条 CISG -- Part I & II.ppt

International Sales Law ----CISG Fall Introduction Previous efforts to unify the international sale of goods UNIDROIT( 国际统一私法协会 ) the Hague Conventions in 1964 ---trial run of CISG 《国际货物买卖统一法公约》(ULIS) 《国际货物买卖合同成立统一法公约》(ULF) Reference jianlingchen@ / Introduction United Nations Convention on Contracts for the International Sale of Goods (CISG) UNCITRAL 联合国国际贸易法委员会 New York Draft in 1978 The Vienna Conference in 1980 on the basis of NY Draft The CISG entered into force on 1 Jan. 1988(The convention required the deposit of 10 instruments of ratification, acceptance, approval or accession.) Purpose of CISG to reduce the search for a forum with the most favorable law; to reduce the necessity of resorting to rules of private international law; to provide a modern law of sales appropriate for transactions of an international character. Issues left compromise between the conflicts of interests to avoid the breakdown of the convention use of indefinite legal terms Legal gaps validity of the contract Product liability Structure of CISG [Preamble] PART I -- SPHERE OF APPLICATION AND GENERAL PROVISIONS PART II -- FORMATION OF THE CONTRACT PART III -- SALE OF GOODS PART IV -- FINAL PROVISIONS (in total 101 Articles ) Preamble of CISG THE STATES PARTIES TO THIS CONVENTION, BEARING IN MIND the broad objectives in the resolutions adopted by the sixth special session of the General Assembly of the United Nations on the establishment of a New International Economic Order, CONSIDERING that the development of international trade on the basis of equality and mutual benefit is an important element in promoting friendly relations among States, BEING OF THE OPINION that the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade, HAVE