Compensation For Damage After Avoidance Of Contract

With the development of economic globalization,There are more and more economicand trade activities among countries. However it produced more and more legal issues withthe development of economy at the same time.The United Nations Convention onInternational Sale of Goods as the most important convention in the field of theinternational sale of goods, provided the detailed rules for breach of contract reliefmeasures in the fusion of two legal system.It is indispensable to claim damages ofremedies of breach of contract. Article75and article76of The United Nations Conventionon the International Sale of Goods special rule claim damages after the contract has beendeclared null and void. This paper tried to analysis the damages incurred after theavoidance of the contract based on article75and article76.The first part of paper analyzes the damages after the contract has been declared nulland void, and define the damage as a disadvantage due to breach of contract. And thenanalyzes the legislative basis of article75and article76that it is coexist for terminating thecontract and claiming damages.At last,it lists four kinds of situations which is claimingdamages after contract has been declared null and void in the The United NationsConvention on International Sale of Goods.The second part of paper compares the "United Nations Convention on theInternational Sale of Goods" with "General Principles of International CommercialContract","the Principles of European Contract Law" and "American UniformCommercial Code" in the regulation of damages incurred after the termination of thecontract.Due to the different regulation, by contrast, we may claim damages clearly basedon article75and article75.The third part of the paper is the basis for the article.It stipulates the legislationhistory，the specific contents of the articles and the relationship with other articles，and thispart of paper also points out the deficiency of these two rules. The fourth part of paper compares United Nations Convention on the InternationalSales of Goods with Chinese Contract Law,and points out that it is not conflict when applyfor the United Nations Convention on the International Sales of Goods and ChineseContract Law.It also illustrates the international unification trend of claiming damages forbreach of contract.