International Sale Of Goods Of The Former Relief System

The system of remedy in advance, which corresponds to anticipatory repudiation or anticipatory nonperformance, is one of the important rules of the modern contract law and is to avoid the risk in contract performance from the time of effectiveness to the time of performance. It is the guarantee of the smooth fulfillment of a contract, which is defined as the resort to relieve the promise-keeper before the time of performance, when one party of the contract states that he will not perform, or he will be incapable of performance . It reflects the principle of justice and safety and efficiency, and can well balance the benefits between two parties of a contract The remedy measures will not only reduce the loss of the promise-keeper, but also can settle the contract disputes. So it is avoids the waste of social resources well, it may be said that the system of remedy in advance is a great contribution to civilization of law. Anticipatory breach, one of the important rules of the modern contract law of common law, and unstable counterargument right, a perfect rule of continental legal system, are belong to the system of remedy in advance. There is not a little of doubt that anticipatory breach and unstable counterargument right each has advantages, as well as disadvantages. It is sure that the system of remedy in advance will trend to be convergent.United Nations Convention on contracts for the International Sale of Goods (CISG), as the product of the unity movement of international trade legislation, is the achievement of relevant countries' efforts in the process of eliminating of law differences to promote the development of international trade. So it is well accept by countries, trades and law fields. The convention provides two types of breach system: anticipatory repudiation and fundamental breach. Especially, CISG successfully conflated the anticipatory breach and the unstable counterargument right, and finally formed the unified system of remedy in advance, which goes with the current of times. CISG has also many limitations, for example, absence of warrantable anticipatory nonperformance, which can be perfected by revisions. In addition, rights and obligations will be newly defined to protect the expected benefits of the observant party, when Letter of Credit is used during the international trades. This problem is difficult tosolve in the frame of convention. In a word, there still exit some problems about the unity, strictness and application in logic.Under the influence of the unity movement of international trade legislation, the system of remedy in advance is specified in detail in the clause 94, 108and clause68, 69 in our contract law, which benefits from common law and continental legal system. Certainly, there are some bad misses in our contract, as far as the system is concerned. The author make a particular description about the system of remedy in advance in our contract law and point out its values and defects.