المسائل المستثناة من قوانين التجارة الدولية تطبيقا على اتفاقية البيع الدولي للبضائع لسنة 1980م

Abstract

This study came about issues excluded from international trade laws in application to the Convention on the International Sale of Goods of 1980 AD, where the research consists of four chapters, the first chapter came about the basics of practical research according to the methodology followed by the International University of Africa, and the second chapter is about the concept of international trade laws in their origin and development and the concept of international sale The commodity has its jurisprudence and law, its characteristics, and the criteria used to determine the international sale, then the third chapter came about contracts excluded from the international trade laws according to the above-mentioned agreement, according to what was stated in the provisions of the agreement regarding the scope of application of the agreement, and the research dealt with the most important reasons for excluding some contracts from the scope of application The agreement, the reasons differ according to the nature of the contract, including what is related to the legal nature of the other contract related to the state’s sovereignty, and the fourth and final chapter is about issues excluded from international trade laws according to the agreement. On the ownership of the goods and excluding the seller's liability for damages and excluding the provisions of an agreement or a breach Or amending the provision of the principle of freedom of will from the scope of application of the convention and then addressing the reasons that led to its exclusion from the scope of application of the agreement to it. o ne of the most important problems that the researcher found was that many traders did not know the reasons that led to the excluded issues and the excluded contracts Among the most important findings of the researcher is that the issues excluded from international laws are among the most important problems facing the judiciary and arbitration bodies in implementing the provisions of the convention or not. 2 - One of the most important reasons for excluding some issues and contracts from the scope of application of the Vienna Convention on the International Sale of Goods of 1980 AD is to facilitate global trade between countries: A- The existence of international, regional and local bodies specialized in setting the substantive and formal rules for the unified law in the International Contract. b- The international community's deviation of the current customs and customs in international trade to facilitate trade exchange between nations and peoples. Among the research questions: What is the extent of countries' interest in this issue, what is the role of the United Nations Convention on the International Sale of Goods of 1988 AD in implementing international trade laws. Among the most important hypotheses of the research there is a set of beneficial laws in terms of international trade: There are multiple criteria that define their international status. The main objectives of this study are to identify the international trade laws, their origin and development, and their objectives, and then focus on the issues excluded from the international trade laws according to the aforementioned agreement.