On The International Sale Of Goods Or The Buyer's Remedies

This article states the contents and characters of main remedy for breach of contract which do all the countries accept. It is based on comparing and analyzing of every kind of default from in international goods exchange and then compares and researches remedy for default system from international,foreign countries' and Chinese legal system. The writer has formed a set of clear and integrate radical thought on how to complete Chinese law's scarcities through absorbing and using the reference of sellers' remedial system available in international and foreign countries. In addition,the writer puts forward some superficial legislature suggestions.This article is divided into four chapters and the briefs are as follows:Chapter I:study of remedy for default systemFirstly,this chapter states various explanations of the concept of breach of promise and its different form in different legal system and different countries. Besides,this article observes the origin,character and establishment necessity of prospective breach of promise,but also the structure of full breach of promise and the important affection by using various remedies. Secondly,this chapter compares different remedies especially the main remedies of the two big legal system (e.g.:actual performance,dissolution of contract,penalty). Finally,this chapter emphasizes the common rules in adopiiu remedies and the characters of the main four remedies.Chapter II:study of international legal system of breach of promise remedy of the sellersFirstly,this chapter mainly states corresponding remedies adopted by the buyers basing on the United Nations CISG (1980)according to different kinds of sellers' breach of promise. When the sellers don't fulfil the contract,the convention defines the actual performance as the radical remedy,but mean while respects the different regulations of the domestic law. When non-performance of contract equals to the full breach of promise,the buyers can announce abandonment of contract. When the sellers delay performance,the buyers can request the sellers to carry the contract in limited time. If the sellers can't fulfil the contract during the given time,the buyers can announce dissolution of contract. When the sellers don't fulfil the contract entirely,for one case,the goods quality is not agreed with the contract,the buyers can request the substitute goods,reducing cost and repairing disagreed goods for another case,part of the delivery goods is unacceptable,the buyers have the rights to accept the goods which is agreed with the contract. Then,this chapter quotes Principles of International Commercial Contract to states the sellers not performance and the way to remedy. When the sellers fails to fulfil the contract,the buyers can request the actual performance. The court must adjudge the sellers to fulfil the contract as long as it is according with the qualification. If the sellers don't perform entirely,the buyers have the rights to terminate the contract. If the sellers don't execute the judgement or the non-money debt,the buyers can also achieve the amercement or request changing remedies. When the sellers delay performance,the buyers can terminate the contract according to the General Rule on Civil Law of the PRC if only the sellers fail to fulfil the contract during the grace period. When the sellers don't fulfil the contract also lately,the buyers can reauest the sellers to repair and substitute according to defect performance. The buyers including can adopt other remedies:adopt the remedies of terminating the contract or refusing pen'urmaucc if tae sellers don't fulfil prospectly.Chapter III:Comparing study of domestic legal system of sellers' breach of promise remedyFirstly,this chapter mainly quotes American Uniform Code on Commerce to state the remedial system of the sellers' breach of promise in American law. When the sellers fail to make delivery,the buyers can purchase goods promissory in the contract themselves. They can also request compensation for loss directly in case of not purchasing good...