On The Composing Elements And Legal Consequences Of The Fundamental Breach Of Contract

The system of fundamental breach of contract is the important contract system in international trade, in status of the foundation stone in " United Nations Convention on Contracts for the International Sale of Goods ". The main part of this system lies in determing its forming elements. This text discusses the similarities and differences in the forming elements in different foreign countries' and international laws, in two aspects of the forming elements and the legal effects.Chapter one tells the origin and meaning of the system of the fundamental breach contract.Chapter two, from the attitudes of various countries, international conventions, relevant case theories, etc., compares their contract regulations and summarizes its similarities and differences.Chapter three is on the determing fundamental breach of contract in the concrete forms of breaches. This part mainly discusses it from the angle of anticipatory breach in Great Britain and U.S. contract laws, and impossibility of performance , refuse to perform, perform in delaying and flaw performance.Chapter four describes the legal consequences produced by fundamental breach. It produces the legal consequences of two respects to commit a fundamental breach: The non-delinquent party has the right to choose the rescission of the contract; Hinder the delinquent party cannot quote the exempt responsibility clause.In conclusion part , the author contacts the contract law theory and practice in China , makes a brief comment on the breach system.