Research On Anticipatory Breach Of CISG In The International Trade

The purpose of the establishment of anticipatory breach system is to protect the expected interests of the non-breaching party,so as to ensure that when the parties have a breach of contract before the expiration of the performance period,the non-breaching party can initiate an action immediately to safeguard their interests,rather than wait until the expiration of the performance period.Although the development of the system of expected breach of contract has been going on for a long time,international conventions and the domestic laws of various countries have also made specific provisions on the system.As a universal international convention,CISG has been relatively perfect in the formulation of the rules of anticipatory breach of contract involved in international trade.However,the current international trade situation is complex and changeable,and the parties to the contract are faced with the dilemma of accepting the expected compensation for breach of contract but cannot make up for the loss caused by the actual performance.In addition,there are still some other defects or deficiencies.The author believes that the system of anticipatory breach of contract in CISG should be further improved according to the current practical operation.At present,China is in the crucial transition period of reform,opening up and strategic transformation.As one of the main signatories of CISG,and as the second largest economy after the United States in the world,international trade activities are ever-growing.The study and utilization of CISG and anticipatory breach of contract system can not only protect the rights and interests of Chinese enterprises,but also have important significance for our country to go to the world stage.This thesis analyzes and probes into the problems existing in the system of anticipatory breach of contract in CISG and the technical problems in legislation embodied in the practice of international trade and learns from the provisions of the system of anticipatory breach of contract in the common law system,the system of the unpeaceful plea in the civil law system and the relevant system of the contract law of our country,so as to perfect the system of anticipatory breach of contract in CISG,and put forward some suggestions to our foreign trade enterprises participating in the practice of international trade on how to deal with the situation that the other party fails to fulfill our expectations.