The United Nations International Sale Of Goods Convention, To Declare The Contract Null And Void System

Declaration of avoidance of contract in the United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as "Convention") is one of the most important remedies for the parties in international trade. It purports to preserve the legitimate rights and interests of both parties, and plays a very important role in promoting the development of international sale of goods. The paper focuses on the development, conditions and legal results of the declaration of avoidance of contract. Declaration of avoidance of contract is one severe relief measure, which will lead to the cancellation of contract and urge the parties to make restitutions to each other. In the light of bona fides exigit ut quod convenit fiat, both parties shall strictly perform their obligations under the contract. However, it is fair to permit the aggrieved to get rid of the contract on the condition that the other party commits fundamental breach, which results in such detriment to the aggrieved as substantially deprive him of what he is entitled to expect under the contract. In addition, for the performance fee is rather high, it is more beneficial for the party who commits breach than substantial performance. The essay will provide more complete introductions to declaration of avoidance of contract in Convention, which is important in the system of breach remedies, or international trade law and gives help to the completion of discharge of contract in Chinese law system.United Nations Convention on Contracts for the International Sale of Goods is the uniform law on international sale of goods, in which declaration of avoidance of contract combines the theory of discharge of contract and breach remedies in civil law and common law systems. The essay aims to analyze the relative rules in both law systems in order to give a clear introduction to the elements and legal effect of declaration of avoidance of contract, which is the subject matter of this essay. The author will apply comparative method and case research approach to analyze the rules and cases, which will give supports to the ideas.There are five chapters in this essay. The first chapter gives a brief introduction to the background of United Nations Convention on Contracts for the International Sale of Goods and declaration of avoidance of contract, which is the subject matter of the thesis. The second chapter is about the elements and special application of declaration of avoidance of Contract. The third chapter is about the restraints for both parties to declare the contract avoided. In the fourth chapter, author analyzes the legal consequences of declaration of avoidance of contract. The fifth chapter is the brief introduction of discharge of contract theory in Chinese law.Finally, the author reviews the process of preparing paper on Declaration of avoidance of contract theory in Convention, and points out the purpose of writing articles and research priorities.