论中国对《联合国国际货物销售合同公约》保留的态度
发布时间：2019-03-12 18:49
【摘要】：中国在核准加入《联合国国际货物销售合同公约》(Uni ted Nations Convention on Contracts of International Sales of Goods)又称为《CISG公约》(以下简称《公约》)时就对其中的某些条款提出了保留,提出保留是根据当时的法律规定和经济发展的环境以及国际惯例所作出的,这些保留在当时是很有必要的,也对中国的经济发展起到了很大的促进和推动作用,但是现在经济形势的改变和贸易方式的多样化和信息时代的信息更新速度使得有些法学专家对于是否还有必要保留这些内容提出了质疑,产生了争论,但是同样也有些法学家以及学者认为我们仍应保留这些内容。本文通过案例引起的法律思考即中国对该《公约》保留的态度,文章主要分析了我国对该《公约》的第一项保留与第二项保留的内容、保留的原因与部分国家进行对比分析,从而得出是否应撤销对该《公约》的两项保留。 本文研究的目的是通过对中国保留内容的原因、不同态度进行分析,从而得出中国对该《公约》保留的态度,为以后在国际贸易中提供法律保障,避免法律适用上的混乱。本文分为五部分。第一部分,介绍基本案情及焦点问题。第二部分,介绍《公约》产生的背景、意义以及各国对其的态度。第三部分,介绍我国及其他国家对《公约》第一项保留的态度。第四部分,介绍我国及其他国家对《公约》第二项保留的态度。第五部分,通过上面几章的介绍,总结得出结论。
[Abstract]:Upon approval of accession to the United Nations Convention on contracts for the International Sale of goods, (Uni ted Nations Convention on Contracts of International Sales of Goods), also known as the CISG Convention (hereinafter referred to as the Convention), China made reservations to some of its provisions, Reservations were made in accordance with the legal provisions at that time and the environment for economic development, as well as international practice. These reservations were necessary at that time and played a very important role in promoting and promoting China's economic development. However, the changes in the economic situation and the diversification of trade patterns and the speed of information updating in the information age have led some legal experts to question whether it is still necessary to retain these contents, which has led to controversy. But there are also some jurists and scholars who believe that we should retain the content. The article mainly analyzes the contents of the first and second reservations to the Convention in China, and the reasons for the reservations are compared with those of some countries, through the legal reflection caused by the case, that is, the attitude of China to the Convention, and the article mainly analyzes the contents of the first and second reservations to the Convention in China. Thus as to whether the two reservations to the Convention should be withdrawn. The purpose of this study is to analyze the reasons and different attitudes of China's reservation to the Convention, so as to provide legal protection for future international trade and avoid confusion in the application of the law. This paper is divided into five parts. The first part, introduce the basic case and focus problem. The second part introduces the background and significance of the Convention, as well as the attitude of countries to it. The third part introduces the attitude of our country and other countries to the first reservation of the Convention. The fourth part introduces the attitude of our country and other countries to the second reservation of the Convention. The fifth part, through the introduction of the above chapters, summarizes the conclusion.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996;D922.29;D923
本文编号：2439060
[Abstract]:Upon approval of accession to the United Nations Convention on contracts for the International Sale of goods, (Uni ted Nations Convention on Contracts of International Sales of Goods), also known as the CISG Convention (hereinafter referred to as the Convention), China made reservations to some of its provisions, Reservations were made in accordance with the legal provisions at that time and the environment for economic development, as well as international practice. These reservations were necessary at that time and played a very important role in promoting and promoting China's economic development. However, the changes in the economic situation and the diversification of trade patterns and the speed of information updating in the information age have led some legal experts to question whether it is still necessary to retain these contents, which has led to controversy. But there are also some jurists and scholars who believe that we should retain the content. The article mainly analyzes the contents of the first and second reservations to the Convention in China, and the reasons for the reservations are compared with those of some countries, through the legal reflection caused by the case, that is, the attitude of China to the Convention, and the article mainly analyzes the contents of the first and second reservations to the Convention in China. Thus as to whether the two reservations to the Convention should be withdrawn. The purpose of this study is to analyze the reasons and different attitudes of China's reservation to the Convention, so as to provide legal protection for future international trade and avoid confusion in the application of the law. This paper is divided into five parts. The first part, introduce the basic case and focus problem. The second part introduces the background and significance of the Convention, as well as the attitude of countries to it. The third part introduces the attitude of our country and other countries to the first reservation of the Convention. The fourth part introduces the attitude of our country and other countries to the second reservation of the Convention. The fifth part, through the introduction of the above chapters, summarizes the conclusion.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996;D922.29;D923
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