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Research On The System Of Fundamental Breach

Posted on:2008-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:Q D ZhuangFull Text:PDF
GTID:2166360215996185Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Fundamental breach of contract, also called material breach or substantial non-performance. Fundamental breach of contract, is a contractual legal system deriving from the common law. Fundamental breach of contract as a system has been adopted by many international laws, such as United Nations Convention on Contracts of International Sales of Goods (1980), Principles of International Commercial Contracts (1994). Moreover, to a large extend, it promoted the development and perfection of the system. Fundamental breach of contract as a system has greatly influence on Modern Contract law. This paper analyzes the application of fundamental breach of contract in other countries as well as the international law through discussing the requisites of constitution and the legal consequences of the system in Common Law and in Civil Law. It summarizes that the composed conditions of the system should be contained the clause principle and the consequence principle totally; meanwhile, it concludes that the standard of justifying the consequence principle should be adopted in our country legislation. Moreover it points out that the composed conditions should be classified in four types during the concrete justification situations and should be treated differently on its own merits, that is: delaying execution duty, cannot execute, incompletely executed, breaking contract ahead of time.
Keywords/Search Tags:fundamental breach, requisites of constitution, legal consequences, consequence principle
PDF Full Text Request
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