A Study On The Grace Period Of Breach Of Contract For International Sale Of Goods

United Nations Convention on Contracts for the International Sale of Goods produces extensive and profound influence on the international trade and its trade rules as well as the breach relief system have been widely studied. However, grace period system or Nachfrist provided in article47, article49, article63and article64have not got enough attention and special research. This thesis will have an overall analysis and independent research on Nachfrist as an independent breach remedy in the field of international trade. Also it elaborates the system’s unique value and significance that may have important reference significance on China and other countries. The thesis is divided into four chapters.The first chapter introduces the basic theory of Nachfrist and expounds its value and significance. Firstly it briefly introduces origin of the system, its development and legal basis, revealing the true meaning of grace period system in the field of international trade that the system of grace period differs from the "grace period notification procedures". Then this chapter points out clearly, as an independent breach remedy, grace period system has its unique value, theoretical and practical significance.The second chapter analyzes grace period system under Principles of European Contract Law, European Draft Common Frame of Reference and Principles of International Commercial Contracts. It focuses on meaning, practice and main content of Nachfrist under the Convention on Contracts for the International Sale of Goods. Through the research and comparative analysis about actual performance and termination of the contract and other remedies for breach of contract under Convention on Contracts for the International Sale of Goods, the independent status and unique value of Nachfrist are emphasized.The third chapter elaborates attitudes and legislation in countries of the two legal systems on Nachfrist. First of all, it introduces the system of Nachfrist in continental law legislation, focusing on the analysis of provisions in German Civil Code. It points out the system’s shortcomings, but the reform of Germany law improves it to some extent. Then the chapter introduces current situation and practice of Nachfrist in the United States and British. Barrier to adopt the system of grace period for the countries of Anglo-American law is deeply discussed.The fourth chapter conducts the research on Nachfrist under Contract Law of China. Firstly it expounds the basic theory of the system, including the basic connotation, the specific meaning of term and comparative analysis with other remedies for breach of contract. By comparative analysis of the relevant provisions under Contract Law and Convention on Contracts for the International Sale of Goods, and its practice in China, specific measures are proposed to improve the system of grace period in China.