Research On Obligation Of Notifying In The Anticipatory Breach Of United Nations Convention On Contracts For International Sale Of Goods

The international sale of goods trade practice is complicated. That the parties to thecontract of sale does not perform or improper performance contracts lead to default casesoccurring from time to time.and the system of liability for breach in the contract for theinternational sale of goods and the relief is to guarantee the smooth realization of contractcreditor’s rights, maintain the important regulation mechanism of international goods tradingorder, more direct relationship to the international unification. When it comes to contract lawand all these function realization on the importance to the economic and social contract, theparties to a contract have set themselves a new law, because the new relationship betweenrights and obligations of the legal relationship has modified the existing contract, which hasbeen likened to the shared tools of the legislative power. Therefore, the contract is the basiccriteria of social order.Breach of contract is a violation of the basic social order.In the finalanalysis on Contracts for the international sale of goods, the liability for breach of contract, isto build a better international goods trade order, from the legislative and judicial realizing thecontract the parties equality rights of fair distribution.After the contract for the international sale of goods contract, both parties should be inaccordance with the provisions of the contract, perform their respective duties, exercise andrealize their rights. Both parties abide by the contract, is the premise and guarantee to fulfillthe contract. The system of anticipatory breach of contract is the legal authorization of theparties in the face of threats (the actual default that will happen), being taken to pre remedialsystem self protective measures, but on the contrary the actual breach remedy is remedial.Different from the actual breach of contract, anticipatory breach of contract is the predictionof the other possible default, rather than certain default. This character decides that bothparties of the international trade in the application of breach system may suffer losses at thesame time, also undertake another risk, providing relief measures of the anticipatory breachsystem to the other party that in fact willing and able to fulfill the contract because of their subjective prediction error, and compensate the other party for his wrong.So the contact intime is crucially important.Because both sides in the multinational international sale of goods are usually indifferent countries, notice emerge as a convenient form as the times require.Thereforegiving notice have become very important in contracts for international sale of goods. Itmakes the actual breach of contract and the threat of damage that parties do not have to waituntil the actual default and damage to the facts before taking relief. Falling into a passive andunfavorable situation, not only can prevent the default events and losses, and can make thevictim’s interests to protect, but also reduce the litigation cost, performance promotioncontract. This paper will mainly based on Contracts for the International Sale of Goods in theconcept of anticipatory breach, the origin of the theory of knowledge, the history review andcontrast, analysis with case on controversial issues, discussing to demonstrate the obligationto notify the parties on the Convention, thus the author’s view, is of greatly significance forCISG to deepen the anticipatory breach of contract understanding of the system and futureuse.