A Legal Perspective Study On Buyers' Remedy In Case Of Sellers' Breach Of Contract In International Goods Exchange

This thesis elaborates the contents and characters of buyers' remedy for in the case of breach of contract, which is generally accepted by all the countries, on the basis of comparison and analysis of all kinds of sellers' breach forms in international goods exchange. It then compares and studies buyers' remedy in case of buyers' breach from three perspectives of international, typical countries' and Chinese law system. By absorbing and borrowing from international and other countries' effective ways, the thesis builds up a set of clear and integrate radical thoughts on how to complete Chinese law's scarcities, and then puts forward some legislative suggestions.This article is divided into four chapters and the summary for each chapter is as follows:Chapter I : IntroductionFirstly, this chapter states various explanations of the concept of breach of contract and its different forms in different law systems and different countries. Also, it observes the origin, character and establishment necessity of breach of contract, as well as presentation of actual breach of contract and formation of ultimate breach of contract, and different remedies. Secondly, this chapter compares different remedies, especially the main remedies of the two big law systems (e.g.: actual performance, dissolution of contract, penalty). Finally, this chapter elaborates more about the common rules for buyers in adopting remedies when sellers break contracts in international business exchanges.Chapter II:Study of international legislation of buyers' remedy in case of sellers' breach of contractThis chapter first states the corresponding remedies adopted by the buyers basing on the United Nations CISG (1980) according to different kinds of sellers' breach of contract. Then, it quotes the Principles of International Commercial Contract to state the different forms of sellers' breach of contract and the ways for buyers to adopt remedies.Chapter III: The study of foreign legislation of buyers' remedy in case of sellers' breach of contractThis chapter mainly quotes American Uniform Code on Commerce to state the remedial system of sellers' breach of contract in American law. In addition, this chapter quotes some correlative regulations in Code on Civil Laws of Germany to discuss the remedial system of sellers' breach of contract in Germen law. The writer illustrates how to remedy in three typical conditions when the sellers go back on in international goods exchange contract.Chapter IV: The prospect of Chinese legislation on buyers' remedy in case of sellers' breach of contractFirstly, this chapter briefly states legal rules of remedial system of sellers' breach of contract in General Rules on Civil Law of the PRC, and basing on Contract Law of PRC, the remedies for buyers are also stated. Secondly, the remedial system is too general and conservative to fit current situation, so it needs improvement and adjustment for perfection. Finally, this chapter also proposes the concrete thoughts and legislative suggestions on how to legalize self-help action in private relief, basing on the scarcities in our country's law, and the ways to complete and perfect the legal system.