중국 통일계약법상 매매계약당사자의 의무

The Obligation of Seller and Buyer under the New Contract Law of China

The main principle of the law relating to commercial transactions is based on the freedom of the contracting parties to agree as they wish. This principle comprises the freedom to choose whether one wants to enter into a contract or not, to choose one's contracting party, to agree on the contents of the contract and its general and specific terms. The principle of freedom of contract also extends to the parties' choice of the law to govern their contract. Nevertheless, it is in practice impossible to foresee everything which might occur and even the most skilful and imaginative lawyer would therefore sometimes fail to fully provide for unexpected events. In modem commerce, it would normally be impracticable to let the contracting parties individually negotiate with each and every contract term. Where there is no express and implied term, the contract will be governed by national law and international convention. The purpose of this paper is to analyze the obligation of the seller and buyer under the New Contract law of China.