The Right To Terminate The Problem Of The International Sale Of Goods

Comparing with other remedy measures of breach, the cancellation of a contract of international sales of goods could arise the most serious consequences. As China is a country having a big value of foreign trade, Chinese import and export enterprises are always involving in matters about cancellation of the contract of international sales of goods. This paper, by the means of comparative laws, studies and analyzes the condition, the method, and the effect of cancellation a contract of international sales of goods, based respectively on Anglo-American law system, civil law system, CISG and Chinese law, to be used for reference by Chinese import and export enterprises during their foreign trade business.This paper contains five chapters. Chapter one summarizes the concept, method and characters of the main remedy measures of breach to a contract of international sales of goods, analyzes the relationship between the cancellation to a contract and the remedy of breach, and introduces the charters of the cancellation to a contract. Chapter two firstly summarizes the general condition to exercise to cancel a contract of international sales of goods, then studies six situation which may occur the cancellation of a contract, including the defection of goods, delay of performance, force majeure, anticipatory breach of contract, discrepancies in the documents by the seller under the LC payment, and partial delivery contract. Chapter three comparatively analyzes the method of cancellation a contract of international sales of goods, and mainly studies the declaration of will to cancel a contract and the forfeit of the right to cancel a contract. Chapter four comparatively analyzes the indemnity for the cancellation of a contract of sales of goods, mainly studies the retroactivity of the cancellation of a contract, the scope of indemnity, principle of foreseeability, principle of reducing loss. Chapter five studies the application of law with regard to the cancellation of a contract of sales of goods.