Fundamental Breach System Research

In this paper, the topic is fundamental breach of contract, with the United Nations Convention on the international sale of goods and the" contract law of PRC" perfect perspective, to be divided into four parts to the system of fundamental breach of contract as a simple analysis:The first part mainly discusses the source of fundamental breach of contract, general provisions, as well as the concept. The system of fundamental breach of contract comes from the common law of England, was first identified by case form, divided into conditions and warranties, breach of condition constitute a fundamental breach of contract, breach of warranty clause is not a fundamental breach of contract."Essential" two word is on the level of description, only deep extent, for the performance of the contract with the greatest damage to constitute a fundamental breach of contract. The concept of a fundamental breach of contract in United Nations Convention on Contracts for the international sale of goods" and China’s" contract law of PRC" theory is different, so this part is expected to concepts of different parsing to present a common concept.The second part mainly discusses the judgment standard of fundamental breach of contract. In the" United Nations Convention on Contracts for the international sale of goods" Article twenty-fifth derived from the judgment standard of general induction for breach of contract, breach of the severity of results can predict, unpredictable way of judging criterion to judge."Contract law of the people’s Republic of fundamental breach" the judgment standard of comparison of fuzzy. Fundamental breach of contract has different forms of expression, generally divided into fundamental anticipatory breach and the actual fundamental breach two categories.The third part mainly discusses the fundamental breach of legal consequences and relief. The other party may take the compensation for the losses, the termination of the contract, to declare the contract avoided so as to safeguard their legitimate rights, fundamental breach is bound to lead to the termination of the contract and this part is to explore the problems. The party in breach of any rights, should bear the legal responsibility of any kind, exemption reason and the rule of mitigation is to consider. The conclusion of the contract the biggest purpose is fulfilled, stimulative resources flows, therefore relief is an important aspect, and even can be said to be the core content, because of the direct relation to the parties to the contract rights. The fourth part mainly discuss on the system of fundamental breach of contract of the different evaluation with" contract law of PRC" perfect question. The Supreme Court is being worked on contract for the sale of our country judicial interpretation, the system of fundamental breach of contract in the absorption to be reserved, as contract law practice need more perfect and operability of the system of fundamental breach of contract, so it is a China’s contract law more perfect opportunity. Through this part of the system of fundamental breach of contract on the proposed improvement of this system and forecast the developing trend and the prospects for this system...