"Declaring The Contract Null And Void" Institution In CISG

"Declaring the contract null and void" is a very important institution of CISG. It is one of the important remedial measures when parties confront disputes in international sale of goods. It plays a very important role for the parties to protect the legitimate rights and interests as well as promotion of international contracts for the sale of goods going on smoothly and effectively. This paper elaborates on the components and the legal consequences of "declaring the contract null and void" institution and makes it have guidance quality when it is used.This paper puts forth a reasonable solution programme for some difficult legal points emerged in exercising contract right of rescission according to CISG in practice. Through the related researches of contract right of rescission in the national law of many countries, compared with the rules of CISG, this paper points out what problems the parties should pay attention to, how to absorb what is useful and reject what is harmful, how to choose the law of better protecting legal interests of the parties. The content of this paper includes four parts:Chapterâ… gives the background of "declaring the contract null and void" institution of CISG, and points out the research intention and research significance.Chapterâ…¡elaborates the concrete regulations of "declaring the contract null and void" institution in some country and compares the differences. This chapter analyses the components of "declaring the contract null and void" institution and discusses how to apply this institution in the international trade.Chapterâ…¢discusses the legal consequences of "declared the contract avoided" institution, it elaborates the scope of damages and compensations and profits calculating method.Chapterâ…£briefly deals with the "declared the contract null and void" institution in China and compares it with CISG. Linked with the theory regulation of contract rescission in contract law, this paper analyses the "declared the contract avoided" institution in China, observes fundamental breach of contract and anticipatory breach of contract, and puts forth some suggestions of promoting the institution.