Study On Mitigation Rule Of Breach Of Contract Damages In International Sale Of Goods

Nowadays,with the increasingly rapid development of trade,more and more Chinese enterprises engaged in trade in goods,the situation of the application of trade laws and regulations in China is also more and more frequent.However,there must be some disputes in the sale of goods,so that there comes to the compensation for damages.However,there is a restrictive rule in the compensation,which is the mitigation rule.It operates because it is to limit the damaged party or non-breach of contract should not negative wait for the continued expansion of damage,and which should take positive measures to prevent the loss of expansion.This rule conducive to the balance of interests of both sides,which also conducive to the further promotion of trade between the two sides.The article is divided into four parts to introduce the mitigation rule in international goods trading.The first chapter introduces the basic problem of the mitigation rule.This article mainly introduces the concept and historical development of the mitigation rule,the legal nature and the legal principle behind it.In the course of the historical development of the rules of the mitigation,this paper introduces the domestic legislation and the international legislation respectively,which also explains the general applicability of the mitigation rules.The second chapter discusses the judgment of the application of the mitigation rule.Such as the criteria for judging the applicable rules of the mitigation rule and the factors that should be taken into account when judging them using these criteria.In addition,the mitigation rule need to take into account the determination of reasonable time when it is applied.This paper focuses on the determination of reasonable time under the expected default.The third chapter of this article mainly describes the types of measures applicable to the mitigation rules and the legal consequences.In this section,the article takes into account,as far as possible,the types of reasonable mitigation measures that can be taken,which cite a large number of cases that illustrate the applicability of different mitigation measures through a different case.And the legal consequences of the application of the mitigation rules are explained in terms of the impact of the amount of damages,the burden of mitigation charges and the evidence of the application of the mitigation rules.Finally,this paper introduces and analyzes the application of the rule of mitigation in China,and puts forward the suggestions and opinions on the future application of China.China’s legislation on the mitigation rule are mainly reflected in the "General Principles of Civil Law" and "Contract Law".Although the provisions of the provisions of the law is not perfect,but also gradually from the beginning only provides a negative reduction in losses,to "should take reasonable and appropriate measures," the positive development.