On Fundamental Breach Of Contract System

The concept of the fundamental breach of contract began in the English common law. It is an expression of seriously breaks a contract. Today it has become an important international legal system. Perfecting the fundamental contract law violations system is of great significance, including legal and practical significance.This paper consists of four parts:The first part including the overview of fundamental breach of contract .there is a brief introduction, which is about the concept of fundamental breach of contract and the law in foreign states and international convention. Fundamental breach of contract as a legal system originated from the British law, as early as the 19th century. British courts began to contract terms, according to an important degree of severity of the district is divided into the "conditions" and "warranty ", the "conditions" is an important contract, the terms of fundamental, "warranty" the contract is secondary, and ancillary provisions, in violation of the provisions will have different legal consequences.The second part includes the theory development, the discussion and the categories of fundamental breach of contract .The theory of constituteElement includes "term" and "consequence". The term violation belong to the fundamental breach of contract, otherwise, it is not the fundamental breach of contract. Along with the development of practice, "middle terms" is expanding the scope. "Term" changes to "consequence" step by step. "Consequence" means that determining whether or not fundamental breach of contract by the results of default. Serious consequences of default, the non-defaulting party purpose of the contract is to achieve a fundamental breach. Standard also raised fundamental elements constitute violations including subjective fault point.The third component is a fundamental breach of their responsibilities and remedies, including termination of contract, damages and the disclaimers.The fourth part includes the thinking of a fundamental breach of China's Contract Law. China's contract law does not explicitly use the concept of fundamental breach of contract. Analysis and improve our Contract Law fundamental breach systems. Give some suggestions about our law and improve our fundamental breach of China's Contract Law, in order to better with the international norms and international conventions.