Study On The Principle Of Damages Of The United Nations Convention On Contracts For The International Sales Of Goods

The system of damages for breach of contract is an important content in the contract law, but there is a great difference exists in the legislation of this system between civil law and common law. The basic rule of damages for breach of contract established by the article 74 of "The United Nations Convention on Contracts for International Sale of Goods" ("the Convention" for short) balances the conflict of those two legal systems. The basic rule set by article 74 dose not favor the seller or the buyer and it's rather fair and reasonable in its institutional arrangements. So it's been recognized, understood and accepted internationally, meanwhile promoted the development of international trade. But there are also some defects of the basic rule of "the Convention" that need further refinement.This dissertation is based on article 74 of "the Convention". Starting with the historical evolution of article 74, then the basic principle of damages for breach of contract of "the Convention" was studied. This dissertation is mainly focused on the two basic principles established by article 74, which are the principle of full compensation and the principle of foreseeability. In addition, this dissertation compared the basic rule of damages for breach of contract of "the convention" with the rules in civil law and common law in order to analyze the advantages and disadvantages of this basic rule of article 74.