中国撤回对CISG第11条保留概述英文版分析.pptVIP

INTRODUCTION;Evolvement Path ;Aticle ;BACKGROUND;BACKGROUND; Yet Chinese reservation on Article 11 of CISG remains unrefined, which couses a lot of disputes.Even without bringing questions of policy into the picture, the fact still remains that a complete overhaul of the Chinese law of contracts with the new Uniform Contract Law has meant that oral contracts are possible under domestic Chinese law now. ; Why, then, cling to the reservation and the formality of written contracts in international sales contracts? Moreover, does the abolition of the formality of written contracts under Chinese domestic law not present a puzzling position of law when trying to determine which formal requirements to fulfill?The Art. 96 reservation in the light of Chinese law today, raises the question if it forms a coherent part of Chinese international contract law, or is outdated and in need of withdrawal.; The question about contract form linked with international provisions has made significant progress recently.The Chinese government has officially informed the secretary general of the United Nations, withdrew the Art.96 resevation statement of CISG.The withdrawal has came into effect. In this way, The regulation and application about contract forms in Chinese Contract Law and the CISG are uniform.; The CISG endeavors to increase international trade through the creation of a uniform law of international sales, it is - by all accounts - the international communitys most ambitious effort to promote efficiency and sustained growth of international trade. Chinas reservation authorised by Art. 96 on the principle of freedom from contract requirement as to form diverges from the uniformity, a fundamental theme and a central value in the CISG.; It will fetter the hands of the Chinese traders or sap the confidence of the foreign parties in Sino-foreign sale of goods.It also presents the practitioner with a problem of deciding which formalities o