지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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The amount of international trade conducted through Hong Kong (HK) is increasing, thus rendering the legal framework governing contracts of sale between Mainland China (China)and HK is of particular importance. The status of HK under the CISG is currently unclear,however.
First, the CISG entered into force in China in 1988. This important development had no legal effect for HK though as China lacked the power to enter into international conventions for HK.
Second, the “Letter of Notification" deposited to the Secretary-General of the UN referred a list of treaties to be applied to HK, taking effect from July 1, 1997. This list, however,made no mention of the CISG.
Third, China made a reservation in Article 95 of the CISG. Pursuant to Article 1(1)(b)of the CISG , the CISG cannot apply to HK.
As a result, the Chinese Arbitral Tribunal apply the Chinese law according to the closest connection principle with the contract. In this case, attention must be given to the different result to which the CISG is applied.
Liability for damages pursuant to the Chinese Contract Law (CCL) is just the same as Article 74 CISG, but CCL does not govern the case with substitute transaction and without substitute transaction when the contract is avoided. Therefore, the contract should be governed by the CISG from a business perspective when a contract is concluded between China and HK; otherwise, a promisee could not be fully compensated for all loss incurred.
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참고문헌 (23)
참고문헌 신청
/ / http://aff.whu.edu.cn
/ / http://cisgw3.law.pace.edu
/ / http://www.unilex.info
Ding Ding / 1999 / China and CISG In Theory and Practice / Faculte de droit Universite de Geneve
Lewis Donald J / 1988 / The UN Convention for the International Sale of Goods: Implications for Hong Kong and China / Hong Kong Law Journal
Lewis Donald J / 1988 / The UN Convention for the International Sale of Goods: Implications for Hong Kong and China / Hong Kong Law Journal
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