CISG와 중국 법에서 서면 계약형식 에 대한 판례 분석

Abstract

With the development of advanced science and technology in modern society, the custom of signing international contracts for the sale of goods has adapted to this change. Nowadays, many international sales contracts are made through electronic communication, and many transactions are carried out quickly without written contracts in this way. This also reflects the increasing diversity of forms of contracts for the international sale of goods. This new form of contract, which utilizes fast-developing technology, is influencing traditional trade contract practices. However, this change is also the reason for the increase in disputes over international product sales contracts. This article provides a comprehensive and in-depth analysis of the contractual forms under the CISG (CISG: United Nations Convention on Contracts for the International Sale of Goods) and Chinese law. It points out the deficiencies in contractual forms and proposes suggestions for improvement and future development. Firstly, it examines the concept of the system of contractual forms. An analysis and comparison of the system of contractual forms are conducted from the perspectives of the convention and Chinese law. Secondly, it analyzes cases concerning the application of contractual forms. Finally, it highlights the shortcomings of the system of contractual forms under Chinese law and the CISG and presents corresponding suggestions for improvement. The study of the written form of electronic contracts is of significant importance in promoting the development of electronic trade.