Font Size: a A A

Study Of Mitigation Obligation In United Nations Convention On Contracts For The International Sale Of Goods

Posted on:2012-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y N YaoFull Text:PDF
GTID:2166330335959558Subject:International Economic Law
Abstract/Summary:PDF Full Text Request
Along with the situation that China getting herself more and more involved into the international business and global economy, more worldwide accepted rules are appeared in the international business contracts. Meanwhile, except concerning how to perform the contract smoothly, highly attention has been paid to means of relief and compensation, as well as restrictions of them, by both scholars and contract parties. As one of the most important convention governing the international sales, CISG supplies us with plenty of worldwide accepted business rules to help the parties concerned protect their own profit better. Among them, those provisions restricting compensation reasonably are playing an important role. And mitigation obligation is one of those restrictions, which was being discussed by many scholars.There five chapters. In the first chapter, the definition and the nature of mitigation obligation is introduced as the preparation. Then economic analysis of law is introduced in the second chapter including its analysis methods and measuring standards. The third chapter specifically demonstrates Art.77 of CISG, including the judgment of reasonableness, the relationship between substantial performance and mitigation obligation and the mitigation reliance to business reputation. In the forth chapter it discusses the application of mitigation obligation in the situation of fundamental breach and anticipatory breach. Lastly, in the fifth chapter, it's the hope that by way of comparing Art.119 CCL with Art.77 CISG would bring good suggestions to perfecting relevant rules about mitigation obligation in CCL,...
Keywords/Search Tags:mitigation, economic analysis of law, efficiency, fundamental breach, anticipatory breach
PDF Full Text Request
Related items