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Convention On Contracts For The International Sale Of Goods As A Fundamental Breach Of Contract

Posted on:2015-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2296330467967909Subject:Private international law
Abstract/Summary:PDF Full Text Request
The system of fundamental breach of contract arising from the English commonlaw, was "the United Nations Convention on Contracts for the international sale ofgoods (hereinafter referred to as" the Convention """") adopted become aninternational term, has become an important legal system of contract law of allcountries and international uniform contract law.In this paper, the author through the form of case analysis, the "Convention"in a fundamental breach of contract system in detail, in-depth analysis anddiscussion. Besides the preface and conclusion, the text is divided into four chapters:The first chapter:"the relevant decision by Shanghai A Riri Co. v. Gordoncompany contract dispute" a case, this leads to the theme of ": that a fundamentalbreach of contract system of the Convention".The second chapter: fundamental breach legislation origin of internationalsystem and the "Convention" in the system of fundamental breach of contract.Fundamental breach of international system mainly in the macro perspective of therelated legal system of Anglo American law system and continental law countries.The Convention fundamental breach legislation origin system focuses on the twostages of the legislative process of CISG, the system of fundamental breach ofcontract proposal.The third chapter:"that a fundamental breach of contract system" in theconvention. This chapter focuses on "standards of fundamental breach of contractsystem of the Convention", including "breach of contractual obligations","damage","substantial deprivation","predictable", and on the basis of in-depthreflection on the system of fundamental breach.The fourth chapter: the use of "the relevant provisions of the Convention" in thesystem, in-depth thinking, carries on the analysis to the case. Including:"Convention" scope, application in practice, on the case verdict.
Keywords/Search Tags:the United Nations Convention on Contracts for the internationalsale of goods, the fundamental breach of contract, identification
PDF Full Text Request
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