A Comparative Study On Remedies For Breach Between The CISG And Myanmar Sale Law

This dissertation is a comparative analysis of the remedies for breach between the United Nations Convention on Contracts for the International Sale of Goods,1980(the CISG)and the Myanmar Sale Law,Sale of Goods Act,1930(SGA).It will mainly focus on the similarities and differences of the remedies for breach between the two systems.Throughout the human history,selling and buying goods is an essential part of business,which is also an important even in ancient society.Commercial transactions are related to the exportation and importation of goods and services from one country to another country.With the development of the market economy,the growth of markets for manufactured goods and the opening up of new markets in raw materials from developing countries have led to an expansion in overseas trade.An effective and easy method for communication has enabled traders to buy and sell goods at a distance more reliably,and modern technology has made it much easier to transport goods around the globe in shorter periods of time.An international sales contract,like any other contract,is governed by a particular domestic law relating.The selling and buying of goods is especially based on a contract which was concluded by the parties involved in the sale.The parties,the seller and buyer,have the right to make a contract for the matter of trade.When a contract is concluded,both parties have the certain obligations,and they must fulfill contractual obligations to implement their contract.However,sometimes a breach of contract may arise between concluding parties.Hence,the law provides several remedies for breach to discourage and reduce parties from breach and also entitled to the aggrieved party for any loss.Regarding to contract,the breach of the contractual obligation may be categorized into different types and lead to different remedies under different laws.Moreover,remedies rules are the main reasons why claims are made in the international trade and as such they are fundamental to international trade.In the event of a breach,the aggrieved party is entitled to claim remedies for his injury or loss.Consequently,the available remedies for breach are particularly important in both domestic and overseas trade.With some other relevant provisions of remedies rules,in this dissertation mainly compares on the three major remedial rules of breach of contract;avoidance of contract,damages and specific performance under the CISG with the reciprocal equivalent rules of the Myanmar sale law.This dissertation will examine the compositions of the breach of contract.And then,it will explore the different prerequisite of fundamental breach in the CISG and the Myanmar Sale Law.The breach of the same contractual obligation may be composited into different types of breach and lead to different remedies under the two regimes.These two laws adopt different approaches to restrain the right of termination.The CISG mainly limit the time for the exercise of right.That is to say,either a party who want to avoid the contract must declare or notice within a reasonable time.If the notice of avoidance is given beyond a reasonable time,then he or she releases the right to avoid.While the Myanmar Sale Law limit the right by two ways: the aggrieved party's own conduct and the operation of the rule of law.The aggrieved party's own conduct concerns some common law principles like affirmation and waiver.When the aggrieved party knew the breach and his right to terminate and yet still decided to affirm the contract,then he loses the right of termination.The other is by the operation of law through acceptance.This Dissertation will examine which solution is more achievable for making judgments,in practice.In the international trade,once the breach occurs,the aggrieved party immediately has a right to claim damages for his loss.The aggrieved party would require the breaching party to remedy the damages resulting from the breach of contract.Therefore,the knowledge of the damages rules under the applicable law is essential for the interests of the contracting parties.Effective damages rules should offer the parties concerned with an expectant outcome.In other words,it should be clear to the contracting parties about what and when damages are recoverable resulting from breach.This dissertation will explore the important rules relating to damages in the CISG and the Myanmar Sale Law.Speak of specific performance;it has a more extensive meaning in the CISG than in the Myanmar Sale Law.In the CISG,the specific performance rules accommodate both the buyer's right to require the seller's performance of contract and the seller's right to require the buyer's performance.Whereas,the specific performance rules generally refer only to the buyer's request of the seller's delivery in the Myanmar Sale Law.Regarding to this,this dissertation will investigate the prerequisites and restrictions for decree of specific performance under the two regimes.With the development of the world economy,domestic commercial law fails to satisfy with the needs of international business and solve trade disputes.As the needs of commerce have changed,so have the practices of businessmen.Increased overseas trade has drawn attention to the problems and disputes in countries that have chosen to regulate international sales.Therefore,even if Myanmar is not a contracting state of the CISG,the merchants,lawyers and the government of Myanmar should learn and try to understand more knowledgeable about current principles of international trade and think over joining to the CISG.