On The "United Nations Convention On Contracts For The International Sale Of Goods," Essential Elements In Fundamental Breach Of Contract Issues

Fundamental breach of contract system of common law from its production in the UK has been the development of the importance of a unified contract law legal system countries around the world contract law and. In practice, to regulate trade practices, safeguard market order and transaction security plays an important role. In the " United Nations Convention on Contracts for the International Sale of Goods (1980)", the injured party for breach of contract proposed several remedies such as damages, reduce the price of the goods, terminate the contract, repair or provide replacement goods and other goods. However, that only fundamental breach of the Convention to terminate the contract, so determine fundamental breach of the constituent elements will be very important, it is related to the injured party can take the remedies.But the fundamental breach of contract system as the "United Nations Convention on Contracts for the International Sale of Goods, " the core, but only in Section 25 of the general meaning of a fundamental breach of contract and real essence, in our country constitutes a breach of fundamental elements of the problem has not quite clear, therefore, judicial practice in China, there are still grasping the concept of its constituent elements and problems of interpretation. So this article tried by analyzing the composition of elements and the fundamental breach of the domestic "Contract Law" and other relevant provisions of the law, put forward some suggestions to solve our judicial practice identified in the determination of fundamental breach of contract issues, contract disputes to avoid the uncertainties that exist in to further guide our judicial practice.