On The Rule Of "Fundamental Breach" In The CISG

With the development of the “One Belt,One Road ”,China's external trade has been increasin,while the friction among countries is increasing.Fundamental breach of contract,an important system of the United Nations Convention on Contracts for the International Sale of Goods(hereinafter referred to as CISG),to regulate the rights and obligations of both parties to trade,can lead to the dissolution of contract,so it has been concerned and controversial since its emergence.As one of the contracting countries of CISG,the PRC Contract Law accepted fundamental breach of contract of CISG,and stipulates the substance of the fundamental breach of contract,on the one hand,its provisions have certain reasonableness,on the other hand,they are too general in the relevant concepts and system,so the standard of the fundamental breach of contract is not operable in judicial practice.As a widely used international treaty currently,it is necessary for us to study the fundamental breach of contract in CISG.Based on the theory of breach of contract and the civil law,the paper makes a comprehensive and systematic analysis of the fundamental breach.The full text is divided into four parts.The first chapter introduces the origin and development of fundamental breach,explores the development trend of fundamental breach,and lays the foundation for the following research.The second chapter mainly analyzes the elements of the fundamental breach in the CISG,including three parts: the fact of breach of contract,the consequence of breach of contract and the predictability.Combining with the domestic and foreign relevant system,scholars' viewpoints and cases,this chapter summarizes the disputes of each elements and attempts to draw reasonable conclusions.The third chapter focuses on the legal consequences of fundamental breach in the CISG,which has an important reference for perfecting the legal consequences of the fundamental breach in the PRC Contract Law.The chapter four,through the study of the history and present situation of the fundamental breach of contract in the PRC Contract Law,points out the rationality and deficiency of the fundamental breach of contract in the PRC Contract Law,and finally puts forward some suggestions to perfect the fundamental breach of contract in the PRC Contract Law to provide perfect legal guarantee for the “One Belt,One Road”.