Journal of Northeastern University(Social Science) ›› 2022, Vol. 24 ›› Issue (4): 100-108.DOI: 10.15936/j.cnki.1008-3758.2022.04.012

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The Application of CISG in Chinese Courts: Also on the Application of Treaties After the Implementation of the Civil Code

ZHANG Pu   

  1. (School of Law, Tsinghua University, Beijing 100084, China)
  • Revised:2021-04-27 Accepted:2021-04-27 Published:2022-08-29
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Abstract: Accurate application of treaties is an important embodiment of China's judicial level. Chinese courts should apply CISG according to its own rules, relevant provisions of domestic laws and normative documents. The abandonment of Article 142 of the General Principles of Civil Law by the Civil Code leads to the absence of applicable rules of civil and commercial treaties in China. However, based on the obligations of contracting parties and the consistent practices of China's judicial system, CISG will still be applied by Chinese courts after the implementation of the Civil Code. CISG has three ways of application, i.e. direct application, indirect application and agreed application. In terms of the application of CISG, there are such problems in China as the absence of legislation, the misunderstanding of the rules by the court, the improper exclusion and the inaccurate application of the rules, etc. To solve these problems, in addition to changing the laws, the Supreme Court can also standardize and unify the application of CISG by issuing judicial interpretations, guiding documents and guiding cases. At the same time, the court should also unify the analytical paradigm of CISG and improve the ability to use CISG for reasoning.

Key words: the United Nations Convention on Contracts for the International Sale of Goods; Civil Code; application in courts; application of treaties; direct application

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