The Case Analysis Of The Dispute Over The International Sales Of Goods Between The Singapore Company And The Thyssen Krupp AG

With the development of global economic integration,international trade is becoming increasingly frequent.The formulation of a unified transaction law that can coordinate the law of multinational goods sales has become an increasingly sought after goal of the international community.The United Nations Convention on Contracts for the International Sale of Goods(hereinafter referred to as “the Convention”)was approved at the Vienna Conference.The birth of this law of unification of trade not only has an impact on the planning of other international unification laws,but also has far-reaching repercussions on the reforms of the domestic laws of various countries.Among them,the fundamental breach of contract system is the biggest flash point of the “Convention” and an important system in the international sale of goods.This article starts with the case,deeply analyzes the scope of application of the “Convention” and the standard of the fundamental breach of contract in disputes over the international sale of goods.Therefore,the in-depth study of the case has profound theoretical and practical significance.This article is divided into five parts to write:The first part is the basic introduction to the case.This part is mainly divided into three levels: Firstly,the general introduction of the case to understand the development context of the case;secondly,according to the focus of disputes between the parties to the case,summed up the Jiangsu Provincial Higher People’s Court and the Supreme Court of the verdict different results;Thirdly,according to the judge’s verdict,summing up the main focus of the case and pointed out the importance of discussing the focus of these disputes.The second part is the focus of the first controversy in this case: the application of the law.This part is divided into two levels: Firstly,the scope of application of the Convention is clarified,including the scope of the subject,the scope of the object,the scope of the rights and obligations and the autonomy of the parties;secondly,based on the facts,comment on the applicable basis in this case.The third part is the focus of the second controversy in this case: the issue of the determination of fundamental breach of contract.This part of the fundamental elements of default as a starting point for further discussion.This part is divided into two levels.First of all,starting from the four components of the Convention,it discusses separately the Convention’s determination of the breach of contract obligations,the damages suffered by the non-defaulting parties,the non-defaulting party’s expectation of interest is effectively deprived of the definition,and the presumption of breach of contract by the defaulting party.Secondly,it is demonstrated whether the delivery of Krupp in Germany constitutes a fundamental breach of contract by combining the four elements of the case and the determination of fundamental breach of contract.The fourth part is the significance of this case to China.This part is mainly divided into two levels.The first level is based on the principle of the interpretation of the Convention.Based on the differences in the specific judgments of the two-instance courts in determining the actions of the German Krupp Company,it discusses China how to perfect the understanding and application of the fundamental breach of contract system in foreign judicial adjudication.This section mainly elaborates on three aspects: Firstly,avoid the application of the rules and interpretation methods of our country’s contract law to understand fundamental breaches;secondly,actively mobilize various international factors to explain fundamental breaches;thirdly,give full play to The value of integrity functions to understand fundamental breaches.Finally,through the discussion in three aspects,in summarizing our country’s foreign judicial decisions,we should insist on applying and interpreting fundamental elements of fundamental breaches under the framework of the Convention.The second level,mainly from the point of view of perfecting the fundamental breach of contract law in our country’s contract law,analyzes the reference significance of the essential elements of breach of contract under the framework of the Convention to the fundamental breach of contract law.It mainly elaborates on three aspects: In the first aspect,the concept of fundamental breach of contract is introduced;in the second aspect,the criteria for determining the severity of breach of contract are defined;in the third aspect,the “predictability” standard is included.The fifth part is the conclusion.