City Research Online

Abstract

The year 2018 has witnessed the 30th anniversary of the United Nations Convention on Contracts for the International Sale of Goods (CISG) coming into force. The Convention aims to achieve uniformity amongst the varied legal traditions on the law affecting international sale of goods. China is one of the founder State parties to the Convention and has followed it with an accession legislation in (mainland) China.

This research attempts to examine the application of the CISG and the principle of good faith with regard to international sales of goods contract in China. Clarification on the defining features of good faith being elusive, China, a civil law tradition adherent, has placed this concept into many PRC legislations, nevertheless did not define it. The CISG has, via Article 7(1), mandated the application of “good faith” but no attempt to define it there either.

The research explores the gaps in the law: first, the understanding of good faith; and secondly, the possible scope of this term to include, beyond the CISG, the relationship between the contractual parties. The author attempts to answer these questions, keeping the focus on China and its law and practice.

Publication Type:	Book Section
Departments:	The City Law School > Academic Programmes

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