On CISG 's Fundamental Breach Of Contract And Its Enlightenment To China

Since fundamental breach of contract system of common law was established in UK, it has been developed into an important leagl system in International uniform contract law field. In practice, it plays a vital role in regulating trade, maintaing market order and sustain trade security. United Nations Convention on Contracts for the International Sale of Goods provides many kinds of remedies for the injured party because of the other party’s breaking the contract such as damages, decrease on the price of the goods, termination of the contract and repairment or replacement. However, according to the Convention, we can see that only the fundamental breach can lead to avioding the contract. Therefore, the elements of fundamental breach are of great importance.In addition to the preface and conclusion, the thesis comprises four chapters:The first chapter is the summary of fundamental default system shall be applicable to the general rules.This part mainly expounds the history of the fundamental breach of contract, detailing the process of legislation of the convention.The second chapter provides the main content for the components of the fundamental breach. Fundamental breach of constitutive requirements include default fact, substantial damage, predictability, these three aspects.The third chapter has carried on the types of fundamental breach and relationship between the type and fundamental breach. Only considering the various factors identified major interests damage, from the relevant provisions of the contract on delivery time, the nature of the contract, the buyer’s purchase purpose, and so on and so forth, abided by the provisions of the delivery date is very important to the seller.The fourth charpter mainly compared the convention, this paper puts forward three main wanting: lack of "fundamental breach" concept, fundamental breach of the constitutive requirements of the single, fundamental default default types are clear enough.