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On Anticipatory Breach Of Contract In The "United Nations Convention On Contracts For The International Sale Of Goods"

Posted on:2007-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:W J WuFull Text:PDF
GTID:2166360185478832Subject:International Economic Law
Abstract/Summary:PDF Full Text Request
The theory of anticipatory breach of contract is an original principle in common law system. The theory of anticipatory breach of contract is divided into explicit repudiation and implicit repudiation,and it provided the corresponding criteria and relief measures in common law system."United Nations Convention on Contracts for the International Sale of Goods"(CISG) is an important impact on the field of international trade, which have absorbed the theory of anticipatory breach of contract. The theory have been developed and divided into non-fundamental anticipatory breach of contract and fundamental anticipatory breach of contract in CISG. My current title in the process of formulating the"Contract Law"has played an extremely important role reference to the anticipatory breach provisions as Chinese"contract law"is directly inspired by theory of anticipatory breach of contract in CISG . But the provisions in"contract law",which is compared to the common law and CISG, is exposed provisions to extremely simple, overlap, conflict. The comparative study of the methods adopted for the common law, CISG and the"contract law"is a legislative level of anticipatory breach of contract and practical dimensions of the inspection,with a view to making perfect"contract law"is the anticipatory breach constructive ideas, better protection of the rights of parties to guarantee the smooth progress of the transaction.
Keywords/Search Tags:Anticipatory breach of contract, CISG, Contract
PDF Full Text Request
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