Research Of Legal Issues In Exercising The Right Of Cancellation Of Contract In International Sale Of Goods

Compared to other remedy measures of breach, the discharge of the contract of the international sales of goods is a measure which could lead to the most serious impacts. As a country having a big amount of foreign trade, China has surpassed the USA, being the world’s largest trade nation with the trade volume breaking 4 trillion dollars in 2013. China’s import and export enterprises are inevitably always involving in matters about discharge of the contract of international sales of goods.Most work domestic and abroad currently only deals with the theory and practice of the right to discharge the contract regulated in laws of a particular country or region or international agreements or convention. The comparative study on the laws of a particular country or region and international agreements or convention is still relatively rare. Currently, countries (regions) and international harmonization of legislation on the international sale of goods have exercised the right to rescind the provisions, but differ in representation and on specific provisions, adhere to the principle not the same. By the means of comparative laws, This paper studies and analyzes the condition, the method, and the impact of discharge a contract of international sales of goods, depended respectively on Chinese law, CISG, Anglo-American law system and civil law system, for reference by Chinese import and export companies during their foreign trade business. Meanwhile, this paper analysis the shortcomings and deficiencies of China’s presence legislation on the right to terminate the contract of international sale of goods and provides some advice by learning from other countries.