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Volume2
MonthMay
Year2001
TitleForce Majeure, China & the CISG: Is China’s New Contract Law a Step in the Right Direction?
Author(s)Donald L. Grace
First Page173
AbstractThis paper is designed to provide the reader with a general understanding of the force majeure clauses of both the old and new Chinese contract laws and their relation to the CISG. Section II will delve deeper into the Chinese concepts of force majeure and historical and moderns beliefs concerning excuse of performance. Section III will analyze the various provisions that apply to a force majeure event within the FECL, namely Articles 24 and 25, as well as the damage provisions relating to a force majeure event. Section IV will analyze Article 79 of the CISG; provisions pertaining to a breach by a third party, recovery of damages, and passage of risk will also be examined. Section V will study the application of the CISG within China, as well, as the application of the FECL. Section VI will prepare an analysis of the New Contract Law (NCL) of the People's Republic of China, and attempt to determine whether or not the new provisions are an enhancement of the old FECL. In particular, Articles 94, 96, 117, 118, and the applicable recovery of damage provisions will be reviewed. Section VII will focus on how the Chinese courts will theoretically apply the CISG, in comparison to the new provisions of the NCL, in an international setting.