CISG 第65 条卖方确定货物规格权利研究

《联合国国际货物买卖合同公约》(CISG)第65条明确规定,卖方在买方不确定货物规格时,有自行确定货物规格之权利。该权利所蕴含的精神在于鼓励交易,这也正是CISG明确赋予卖方确定货物规格权利的重要理由之一。但第65条在赋予卖方确定货物规格权利之同时,也对该权利设定了严格条件,以期平衡买卖双方权益。在法律效果上,卖方一旦行使确定货物规格权利,即不得同时行使解除合同之权利。然而,从实施效果来看,该条规定并未取得预期效果。

On the Right to Specifi cation by the Seller under Article 65 of CISG

Article 65 of the United Nations Convention on Contracts for the International Sale of Goods (CISG) has provided that in case the buyer has failed to make the specification the seller may make the specification himself. Such right has implied the principle of trade encouragement, which is one of the most important reasons to make such a provision in CISG. But in order to balance the rights and interests between the seller and the buyer, Article 65 of CISG has set up strict requirements on the right to specification by the seller. Once the seller has exercised the right to specification, he is not allowed to declare the contract avoid any more. However, this Article has not reached its effect from the prospective of the implementation.