These days, sale and purchase transactions increase significantly due to the needs of modern people. In particular, international transactions are the subject which should be concerned for the benefits of sellers and purchasers since this type of transaction may get lots of risks because of a wide distance between parties.
In order to ensure the right and duty of these parties, international practices and international law were established to supervise that kind of transactions. Among them, Convention on International Sale of Goods is deemed as a uniform law governing the international commercial contracts. Additionally, UNIDROIT Principles of International Commercial Contracts is seemed as a substantive law which regulates the international sale and purchase contracts in a wide range of details. As a result, it could be as a model law for other national commercial laws to apply and improve their own provisions in accordance with international customs, especially for Vietnamese commercial law.
To clarify my topic, my dissertation is divided into five chapters:
The first chapter introduces the purposes and scope of this thesis, which answer the questions: (1) why I chose this topic; and (2) in what extent will be the limitation of this topic.
Under chapter two, some general issues will be pointed out such as definitions of international sale of goods and contracts for international sale of goods; what is remedy; remedy's clarification; and historical background of CISG, UNIDROIT Principles, and Vietnamese Commercial Law.
Chapter three will be the interpretation of the three relating law governing damages provisions, which include CISG, PICC, and Vietnamese Commercial Law. Furthermore, after understanding these provisions clearly, chapter four deals with the important part of my thesis, the comparison part, which encloses similarity and difference between these said provisions.
In the last chapter, before coming up with recommendation for Vietnamese commercial law, I do not forget to draw some issues which are (1) obstacles of applying CISG in Vietnam and the need to fill CISG's gaps by the UNIDROIT Principles; (2) whether UNIDROIT Principles should be widespread and whether its provision should be used as a source of law to supplement Vietnamese commercial provisions on damages.
To sum up, I try to brief all main content and come to the conclusion of my dissertation.