Domestic and international sale in Chinese law.

Abstract

The contract of sale is the backbone of both national and international trade in all countries, regardless their legal tradition or their level of economic development. Despite this kind of agreement is the simpliest type between the existing ones, being a contractual form present since the origins of economic relations, is still today one of the most used instruments in trade. In this dissertation, the analysis of the contract of sale will have both an internal view inside the People’s Republic of China - now become the world’s largest economy - through the study of the related Contract Law of 1999, and an external international view of the trade through a comparison with the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna convention of 1980, CISG). As for a structural point of view, the first part is focused on the Chinese contract of sale itself, on its definition and features, on the obligations of the two parties involved, the seller and buyer, and on the other concerned contractual clauses, also with a comparative approach with our Italian Civil Code. The second part is instead centred on a more broad and cross border prospective of the international law with the focus on the CISG, and on its apllication, requirement and structure. The third and last part is reserved to the relation between the international Convention and the national Chinese contract law through a comparative approach.