The United Nations International Sale Of Goods Convention On Contracts For Anticipatory Breach Of Institutional Research

Originally established in England in the middle of the 19th century and absorbed and developed by other common law countries, the anticipatory breach as an independent legal doctrine, protects the contractual parties'interests during the period between the contract concluded and the due time for performance. It helps to maintain the safety and good order of commercial transactions as well as the circulation of social resources. Based on the American written law, the United Nations Convention on Contracts of International Sales of Goods (hereafter referred as CISG) used new legal vocabulary to set up a series of rules of anticipatory breach, concerning different kinds of anticipatory non-performance with different magnitude. After it became effective, these articles have functioned with great vitality and internationality, and keeping influential on both the legislation activities in the field of commercial contract and the international business.This thesis includes four chapters. Chapter 1 begins with the origin and the definition of anticipatory breach and the rules of anticipatory non-performance under UNIDROIT Principles of International Commercial Contracts are briefly analyzed. In Chapter 2, the author deeply discusses the rule of anticipatory non-fundamental breach under Article 71 of CISG, giving analysis on the issues including the grounds for suspension, the meaning and effect of the seller's right to stop goods in transit, the notice of suspension and the adequate assurance of performance. In Chapter 3,the anticipatory fundamental breach under Article 72 of CISG is carefully examined. Abandoned the classification of expressive anticipatory breach and implied anticipatory breach which is a traditional approach among local scholars, the author keeps a close eye on the article itself and discusses the specific issues such as the conditions of avoidance of the contract, the advance notice of intent to avoid, the adequate assurance of performance, and the consequences of the avoidance.Finally in Chapter 4, comments and suggestions on the corresponding articles in PRC Contract Law are made with the comparison between anticipatory breach of contract and the defence of uncertainty (Einrede der Unsicherkeit).