論中國對《聯(lián)合國國際貨物銷售合同公約》保留的態(tài)度
發(fā)布時間：2019-03-12 18:49
【摘要】：中國在核準(zhǔn)加入《聯(lián)合國國際貨物銷售合同公約》(Uni ted Nations Convention on Contracts of International Sales of Goods)又稱為《CISG公約》(以下簡稱《公約》)時就對其中的某些條款提出了保留,提出保留是根據(jù)當(dāng)時的法律規(guī)定和經(jīng)濟發(fā)展的環(huán)境以及國際慣例所作出的,這些保留在當(dāng)時是很有必要的,也對中國的經(jīng)濟發(fā)展起到了很大的促進(jìn)和推動作用,但是現(xiàn)在經(jīng)濟形勢的改變和貿(mào)易方式的多樣化和信息時代的信息更新速度使得有些法學(xué)專家對于是否還有必要保留這些內(nèi)容提出了質(zhì)疑,產(chǎn)生了爭論,但是同樣也有些法學(xué)家以及學(xué)者認(rèn)為我們?nèi)詰?yīng)保留這些內(nèi)容。本文通過案例引起的法律思考即中國對該《公約》保留的態(tài)度,文章主要分析了我國對該《公約》的第一項保留與第二項保留的內(nèi)容、保留的原因與部分國家進(jìn)行對比分析,從而得出是否應(yīng)撤銷對該《公約》的兩項保留。 本文研究的目的是通過對中國保留內(nèi)容的原因、不同態(tài)度進(jìn)行分析,從而得出中國對該《公約》保留的態(tài)度,為以后在國際貿(mào)易中提供法律保障,避免法律適用上的混亂。本文分為五部分。第一部分,介紹基本案情及焦點問題。第二部分,介紹《公約》產(chǎn)生的背景、意義以及各國對其的態(tài)度。第三部分,介紹我國及其他國家對《公約》第一項保留的態(tài)度。第四部分,介紹我國及其他國家對《公約》第二項保留的態(tài)度。第五部分,通過上面幾章的介紹,總結(jié)得出結(jié)論。
[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 Thus as to whether the two reservations to the Convention should be withdrawn.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.
【學(xué)位授予單位】：蘭州大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D996;D922.29;D923
本文編號：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.
【學(xué)位授予單位】：蘭州大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D996;D922.29;D923
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，本文編號：2439060
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