On The Perfection Of China 's Fundamental Breach Of Contract

In November2011, the European Commission presented a draft "Common European Sales Act"(hereinafter referred to as CESL) to the European Parliament and the European Council. With the EU’s political and economic integration has strengthened further harmonization of private law and the growing convergence of private law has been an important trend for the development of the EU. The draft CESL was in keeping with the trend of the EU proposed, is an important milestone in the integration of the European private law. As an outcome of the draft new EU legislation of private law, which to some extent reflects the latest trends in the various trading law in the international legal system, it is worth us to explore and analysis.This paper select the fundamental breach of the contract from complicated legal issues to study for two reasons:one is that, the fundamental breach of the contract was originated from Britain and was formally identified in CISG, has been recognized by many countries; the CESL has also adopted this system and developed it. The second reason is, China’s Contract Law fundamental recognize this system, but it need to be improved, and CESL is a good example to learn. This article is main to study the new development system of fundamental breach in the CESL draft, and continue to study, if we can learn its legislative approach.In addition to the introduction and conclusion of this article, the body is divided into three parts.The first part is to study CESL’s provisions of fundamental breach and to evaluate the definition in it, then to provide legislative proposals for shortcomings of relevant regulations in our Contract Law, and suggest clearly regulate the concept of fundamental breach to establish a perfekt system in the law.The second part is to analyze the fundamental breach form in CESL and find the importance to provide the form, and then to suggest a clear definition of the fundamental breach form in our Contract Law. The third part is to analyze the most important remedies for fundamental breach of the contract-the rescission of the contract, and then suggest learn the legislative model in CESL, to establish a corresponding rescission of the contract system of fundamental breach in law.