Paper写作-《联合国国际货物销售合同公约》

1、www.ocscf.org Paper写作-联合国国际货物销售合同公约联合国国际货物销售合同公约在促进国际货物销售法律规范和谐、统一，提高商事纠纷解决的可预见性，降低诉讼成本等方面具有显著成就，也因此在世界范围内也得到广泛适用。但是随着国际商事贸易的不断发展，公约显现出严重的缺陷并面临严峻挑战。The United Nations convention on contracts for the international sale of goods is an important legal norm in the field of international sales of goods. The application of the main body of the convention is the premise of applying the convention to resolve disputes. Article 1 of the convention stipulates the scope of application of the main body of th

2、e convention. This article will study the application of CISG convention through the interpretation of this article.As the most important achievement of uncitral in unifying international trade law, the United Nations convention on contracts for the international sale of goods has become the most important convention in the field of adjusting the contractual relations in the international sale of goods since its entry into force. The application of law refers to the activities of state organs in

3、 accordance with the functions and powers and procedures prescribed by law, applying the general provisions of law to solve specific problems, including the application of law in administrative law enforcement and judicial activities. Any law has its scope of application, according to the scope of application to regulate different legal relations. The scope of application of the main body of the convention addresses the question of who will apply the convention. It is the premise and basis for t

4、he correct application of the convention and has important research significance. This paper intends to understand and study the scope of application of the main body of the convention through the interpretation of article 1 of the convention.According to article 1, paragraph 1, of the convention, the basic conditions for its application include two different situations. In the first case, the business status of the party is in a different state and the different states are parties to the conven

5、tion. The second is when the parties business status is in different countries and the rules of private international law result in the application of the law of a state party.In accordance with article 1, paragraph (1) (a), of the convention, the convention applies to contracts for the international sale of goods in which the countries of the parties are parties to the convention. If the countries of the parties are both parties to the convention, it is certainly possible to specify in the sale

6、s contract that the convention applies to the settlement of disputes.The convention adopts the principle of autonomy of will in private international law and provides that the parties to the contracting states may choose by agreement to apply laws other than the convention to settle disputes relating to contracts for the international sale of goods regulated by the convention. It also indicates that the application of the convention is not mandatory, even if the two parties to the sales contract

7、 are located in different contracting states where the convention should be applicable. However, if they agree in the contract that the convention is not applicable, they choose other laws other than the convention. However, if the parties in different contracting states at the time of the conclusion of the contract of sale and purchase have not excluded the application of the convention, the convention is naturally applicable in the event of a dispute.From the perspective of the development tre

8、nd of international commercial law, the trend of globalization and non-nationalization of international commercial law is increasingly significant, international commercial law inherently requires to obtain universal applicability in the world through globalization and become an independent rule system different from domestic civil and commercial law through non-nationalization I. The convention is one of the most important international commercial uniform legal rules at present. The recognition

9、 of the parties choice conforms to the inevitable trend of the development of international commercial law, which is conducive to the uniform application of international commercial law and the development of international trade.According to the UN convention on the international sale of goods (1) the first article the provisions of subparagraph (b) if an international sale of goods contract not all of the business place of parties in the states, but if the rules of private international law lead to applicable law of a contracting state, then, as the court is located the states also have a duty to applicable provisions of the convention.Article 95 of the convention provides that any state may, on deposit of its instrument of ratification, acceptance, approval or accession, declare itself not bound by article 1, paragraph (1), subparagraph b, of this convention. Therefore, the retention of this clause becomes the greatest controversy in

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