On The Application Of CISG's Fundamental Breach Of Contract System In My Country

The?United Nations Convention on Contracts for the International Sale of Goods?(hereinafter referred to as the "CISG")is one of the important international conventions that regulate the international sale of goods and is an important result of the law on international unified trade entities.It enjoys a high status in the international community and is recognized by most countries.At the same time,CIGS is increasingly being applied in cross-border trade contracts in China.As a convention of great importance in international trade,CISG has taken its primary principles and objectives as the promotion of the trade process,the maintenance of trade stability and the protection of the interests of the parties.In the third part of the convention,one of the core elements is the fundamental breach of contract.Article 25 of the CISG directly defines the concept of a fundamental breach and it is invoked in many other articles in the third section.In addition,fundamental breach of contract is also a prerequisite for the realization of some remedies.This shows that the concept of fundamental breach has an important position in the relief system of CISG.This paper aims at the application of the basic breach of contract system of CISG in domestic judicial practice,analyzes the various types of default in the form of cases,and summarizes the inadequacies of domestic judicial subjects in applying the system,and puts forward suggestions for improvement.This article is divided into five chapters:The first chapter is introduction,which briefly introduces the research background and research problems of this article.The second chapter explains the fundamental breach of contract system.This part mainly introduces the process of legislation of the fundamental breach of the CISG system and the main content of the system,and analyzes some of the more vague concepts in Article 25 of the CISG.The third chapter subdivides the specific types of breach according to the buyer's breach of contract and the seller's breach of contract,and introduces the application of the system in different situations in the form of cases.Based on the previous case analysis of the fourth chapter,we summarized three problems that are common in China when applying a fundamental breach of contract system.The last chapter proposes rational suggestions for perfecting the basic breach of contract system for CISG.