Study On The Liabilities To Breach Of Contract For International Sale Of Goods

In the relationship of the contracts for international sale of goods, in addition to get expected benefits, parties undertake the most concern with judging the liabilities of breach of contract. At present, however, a comprehensive and systematic comparative research is on the lack in this field, so as to strengthening in-depth study of its liabilities is very important and necessary undoubtedly.In the first part of introduction, as a prelude, it's origin, purpose and meaning, main research scope and object of legal norm, and study methods have been introduced briefly, and the content on the novelty and insufficiency of this dissertation has been pointed out.The second chapter is on the fundamental theory of the liabilities of breach of contracts for international sale of goods. After the analysis of the concept, characteristics, or basic components(etc.) of the contracts for international sale of goods and the liabilities of breach of it, rooting from the Roman law, civil law, and Anglo-American case law, and international legal norms such as CISG, PICC, PECL(etc.), and has combed the evolution process of its theory.The third chapter is on the judgement of liabilities for breach of the contracts for international sale of goods. On the basis of damage facts, behaviors of breach, relationships of cause and effect, and faults, this chapter has been discussed the connotation, characteristics and basic constitutes of breach. Then, the chapter has discussed fact premise of judging breach, legal basis, law conflicts of judging breach and its coordination methods and several legal norms of determining breach. The fourth chapter is on the interpretation and application rules of the international sales contract of goods. In order to explore the interpretation rules of judging breach of international sales of goods, the interpretation rules of international sale contract of goods should be explained. This chapter has covered a predicament of theory and practice of contract interpretation, humanistic orientation, legal methods and basis, general principles and interpretation of application rules of contract law, etc.The fifth chapter is on the patterns of liabilities for breach of the international sales contract of goods. For it is more fit into the status of nations'laws with the contract obligation sources as a standard. In this process, this chapter has discussed three patterns:the breach of contract obligations, the breach of legal obligations and the breach of accompanying obligations.The sixth chapter is on remedies and liabilities for breach of the international sales contract of goods. From the general theory of remedies and liabilities, this chapter has distinguished different default cases and discussed the corresponding relief forms, and "iusta causa excusationis" in what circumstances.The seventh chapter is on the value orientation of liabilities for breach of the international sales contract of goods. On the basis of relevant legal norms, "equal fair" basis have been found and been proved as a new value trend of distribution of its liabilities.At the end, this dissertation has pointed out knowledge gained from all above or conclusions:Firstly, "Transnational factors in contract" should be used as the judging criteria on the contracts for international sale of goods. This is helpful to distiguish it from pure domestic sales contract of goods, and to more effectively protect the rights and interests of its parties.Secondly, the responsibility of breach of contract for international sale of goods shall be in accordance with the objectivism in contractual interpretation, eliminating elements of "subjective factors", which can strengthen judicial control, and more powerfully equilibrate the rights and interests of parties. In the distribution of liabilities of breach of contract, lawmakers, judges and arbitrators should pay more attention to "equal and fair" values.Thirdly, the differences among countries have led to the inconsistency in explanation and application of international unity law such as CISG, PICC, PECL(etc.). It is the inevitable requirements of interpretation on breach for judges and arbitrators to persist -the interpretation methods within the system of international legal norms, and to adhere to the autonomy, integrity and principles.Finally, the diversification of contractual obligation sources has become one of the most important tendency of modern contract law. It may be regarded as a new attempt to discuss breach of contractual obligations and legal obligations and accompanying obligations. Moreover, its methods of remedies should also be diversified, including those of debt right's and real right's.