Comparative Research On Legislation Of Contract Cancellation Rights In International Sale Of Goods

With the international sale of goods increasing,the disputes between the two sides of the trade has become more and more frequent.AS the trade taken place in the international community,when one party defaults,the other party how to take relief measures to protect their own interests,it seems to be very important.To ensure that the trade in the international community goes smoothly,the domestic and international legislation have pay mote attention to the breach of contract remedies.Among them,one of the most serious consequences is to cancel the contract.Then,how to do that correctly and timely seems very important.This thesis is researching this subject,through the comparison of the international legislation, analysing the contract cancellation rights that occurs and used more frequently.Through the analysis of comparative research,in view of China's Law of Contract,the author summizes up the legislative proposals.In this thesis,chapterâ… introduces the general overview of contract cancellation rights: first of all,the meaning of contract cancellation rights;secondly,the comparison of different contract cancellation rights title.Then,the thesis makes us have an initial understanding of contract cancellation rights.Chapterâ…¡focuses on the comparative research of exercising conditions of the contract cancellation rights and how to limit the contract cancellation rights. Followed by chapterâ…¢,analyses the validity of the contract cancellation rights.There are two questions that are worthy our research,one is the effectiveness of the contract after the exercising of the rights,the other is the relationship between the rights and the damages. Chapterâ…£is a full view to the thesis,to improve the legislative proposals.The value of this thesis is chapterâ…£:First of all,the conditions when the contract cancellation rights can exercise,China's Law of Contract should learn from The UN Convention on Contracts for the International Sales of Goods(CISG) and the Principles for International Commercial Contracts(PICC).Especially,both of them have a nearly perfect understanding of fundamental break of contract,so our country can establish the fundamental break of contract system through learning from them,adopting the strict objective criteria for judging whether break the contract or not;in order to unify the legislation,we should move out the "disturbing the right of defense" in the "anticipatory breach system".Moreover,the "exercise ensuring,system"should be established to support the "anticipatory breach system". Talking about the exercising restrictions,because of the complexity of the operation,China's Law of Contract just has a brief provisions:"reasonable period of time",so in real life,this gives judges great discretion,that cause damages to the International Sale of Goods.The auther thinks our country should refine the exercise of the " reasonable period of time " and cite the situation as much as possible,so that the international buyers and sellers know as much as possible the provisions of relevant laws,they can regulate their conduct,protect their rights.It is followed by the character and the validity of the contract cancellation rights, the auther believes that the contract cancellation rights is a kind of relieved rights,besides, China's Law of the contract should identify the contract cancellation rights have certainty and retroactive effect.But this is not the end,there is coexistence of the contract cancellation rights and the compensation.