International Sale Of Goods, Breach Of Contract Research, And Relief Measures

In the international trade practices, the phenomena of breach of contract usually occur. With China's Entry into WTO, the international trade between China and the other countries (or areas) is supposed to get a fast and violent development. Therefore it follows increasing trade disputes and various phenomena of breach of contract. This paper mainly analyzes the phenomena and manifestations which appear in the international cargo transaction, studies the responsibility, and seeks a remedy to reduce the losses as far as possible in order to protect Chinese enterprises and raise our level in the international trade practices.The responsibilities and remedies research in the international cargo business unfolds the article from legal principle, legal articles and legal precedence, carries out a thorough discussion on the responsibilities of a contract comparing among the Continental Law system, Common Law system, Convention on Contracts for the International Sale of Goods as well as The People's Republic of China Law of Contract. According to the line of thought of finding questions, analyzing questions and solving questions, the author appraises the laws and highlights the advantages and disadvantages of them. This article is divided into five parts. The first two chapters mainly list the concepts of breach of contract and responsibilities, point out the conditions of breach of contract and the recovery principle. Consequently the writing object is clear and the foundation for the full text is founded. The third elaborates the concrete forms of breach of contract in the international cargo transaction, which are exactly the concrete questions that both sides of a contract have to solve, making preparations for all the solutions. This part and the next two constitute a complete legal responsibility framework of breach of contract. The last two parts are the key and essence of this paper. Fourth simply analyzes the remedial treatment both sides of trade might adopt, then the last one studies the comparison among remedial treatments, and finally forms a complete theory system.