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Study On Fundamental Breach Of Contract

Posted on:2014-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:J P YueFull Text:PDF
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Fundamental breach was derived from British law, as a kind of default configurationwhich can be terminate the contract, the rights of the termination of the contract isnow in the multinational recognized through a series of international law.CISGadopted both objective and subjective elements---severity and predictability,to limitthis, fully guarantee actual performance contract, prevent the abuse of rights of thetermination of the contract.Our country academic circles is controversial on itsconstitutive requirements, contract law is stipulated the similar content, but there is noclear concept of "fundamental breach".In this thesis, the research of fundamental breach of contract except introductionand epilogue, is divided into three chapters:chapter1: The regulations of fundamental breach of contract.This chapterintroduced the concept of fundamental breach of contract, want to define it aftercompare with other theory.And then combed the related legislation in Britain, the U.S,Continental Europe and the terms of the CISG and PICC.Chapter2: the components of the fundamental breach of contract and legaleffect.Analyzed and judged the regulations of CISG in this chapter,considerpredictability standards relatively cumbersome and there is no operability in practice,which should be rejected.At the same time analyze the legal effect, Put forwardopinions to its relationship with the termination of the contract, and the escape clausewhether can be used.Chapter3: the fundamental breach of contract and The Chinese Contract Law.Inthis chapter, first of all, analyzed the necessity of the value of the fundamental breachof contract and its existence, and then combed the evolution of The Chinese ContractLaw for the system.Focuses on analyzing the defects of the legal provisions about thissystem in China, respectively, put forward opinions to clear and definiteconcept,constitutive requirements, distinguish between default form from threeaspects.
Keywords/Search Tags:Fundamental breach Termination of the contract, Constitutive requirements, rescission of contract
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