The Competitive Reach On The Legislation Of Remedies Of Breach In International Goods Sales

With the goods sales of every country in the world is frequent day by day, how to protect the interest of the other party when one party breach the contract turns into the main point. On this basis, this paper which is established in the legislation of every country and uniform legislation analyses and compares situations apply to different remedies for breach of contract. This paper chooses three remedies which occur frequently in international goods sales and consummate in the legislation of every country and the uniform legislation to compare: compensation for breach of contract, specific performance, to declare the contract avoided. The author compares the legislation of main countries and the uniform legislation in order to put forward constructive opinion and propose for the legislation's perfect of our country.The chapter 1 of the paper makes introduction and comparison of the connotation, character, material type of remedies for breach of contract on the basis of the legislation of main country in the remedies for breach of contract, and explains the relationship between them.The chapter 2 introduces compensation for breach of contract, and makes comparison of its principle, scope, and the calculation in different countries and international legislation. It puts forward the point of adding the principle of counterbalance between errors, making definition of whether the compensation for breach of contract contains mental damages, adding principle regulation to confirm the amount of compensation for breach of contract.The chapter 3 discusses the specific performance. This part discusses the connotation, application, restriction of specific performance in Civil Law System, Common Law System, International Legislation and the Contract Law of China, and also discusses the drawbacks of specific performance in China and makes some advice on the Chinese specific performance's perfection.The chapter 4 is to search the system of to declare the contract avoided. First, itmakes definition of "to declare the contract avoided", and then makes comparison on the reason and aftermath of to it in main countries and international legislation. At last it puts forward some suggestions on fundamental breach of contract, anticipatory breach and the result of discharge to perfect "to declare the contract avoided" of China.