On The Rule Of Fundamental Breach In CISG

Fundamental breach plays an important role in the remedial system of the United Nations Convention on Contracts for the International Sale of Goods (CISG) because the remedies available to the buyer and the seller depend on the characterization of the breach. However, general terms and phrases are used to define fundamental breach, and there is a need for certainty and predictability since parties must use different measures to effect either a contract avoidance or continuance.In chapter one, the author analyses the constituting elements of the definition of fundamental breach and draws attention to the general terms such as "detriment", "substantial deprivation" and "foreseeability". Chapter two deals with the interpretation and construction rules of the convention. Chapter three discusses the standard whether a fundamental breach has occurred and introduces relevant scholarly legal writings and case law. Chapter four discusses the exercise of fundamental breach in the real international trade and the drafting of CISG contract terms. Chapter five is about the influence of the fundamental breach system on our contract law.The author at last draws the conclusion that article 25 is good enough for an international uniform law but have to be embodied in the sales contract according to the various circumstances.