Research On The System Of Fundamental Breach In CISG

With the increasing trade between countries and the diversification of trade types,the United Nations Convention on Contracts for the International Sale of Goods has become increasingly important.Since its establishment,it has been agreed by more and more countries.It has always been an important criterion for the State party to handle international trade disputes.It has no coercive force but is still respected by all countries,not only for its rationality,more importantly for its practicability.It can handle all kinds of disputes arising from international trade.There is a sound theoretical content and more practical.The fundamental breach of contract system is an important clause in the Convention on Contracts for the International Sale of Goods,and Article 25 of the CISG defines the system of fundamental breach of contract in detail.The precondition for application is the agreement between countries,and the fact of fundamental breach of contract is a prerequisite for the realization of power relief.It can be said that this clause plays a vital role in the practice of international goods trading and plays a very important role in power relief.The fundamental breach of contract system originated in the United Kingdom and was formally established in the CISG.The fundamental breach in CISG is the product of the integration and development of the two major legal systems,but the self-contained system has its own characteristics.It is a fusion of the ideas of the fundamental breach of contract system of major law systems,and it is reflected in the laws of various countries.China and other countries have absorbed the reference to this system,which proves its important status and its rationality.The fundamental breach of contract system in CISG is relatively mature today.Because of its position in international trade law,its wide application,and some differences in dealing with practical problems,it is still necessary to study it.The composition of fundamental breach of contract has been controversial so far.Some scholars in China understand from the literal meaning of Article 25 of CISG that the constitution of fundamental breach of contract is consist result of damage,the seriousness of the consequences of damage and the predictability of the consequences of damage.But some scholars clearly pointed out in the book that the fundamental breach of contract consists of serious damage consequences and the predictability of default.The author agrees with the latter.Forming a fundamental breach of contract must have damaging consequences.If it is listed separately,it will be redundant.The predictability of the consequences of damage is of great significance for the division of default and fundamental breach of contract.The party that violates the contract can realize the existence of the risk with its own qualifications and experience,and still sign the contract and damage the contractual interests of the other party.It should be considered as fundamental.The contract was violated.The predictability standard of fundamental breach of contract adopts the principle of combining subjective and objective.The subjective mentality of the defaulter is more difficult to determine.Therefore,it is necessary to use objective criteria to determine whether the defaulting party can foresee the impending risk.As for how to exercise the right of rescission in the batch supply contract,the article details the scope of use of the rescission right and has certain guiding significance in solving practical problems.The exercise of the right of rescission is limited to the part of the performance.When one party fails to perform its obligations correctly and the other party has sufficient reason to believe that the other party will not correctly complete the unfulfilled part,it can terminate the contract to protect its own interests.Articles of the CISG have important guiding effects on arbitration.International trade activities are inseparable from the support of the law.The study of the fundamental breach of contract system is of great significance to promoting the development of China's foreign trade and improving foreign trade laws and regulations.The fundamental breach of contract system in China's "Contract Law" has evolved from the CISG,and it can be called development in China with not exaggeration and plays a decisive role in China's goods transactions.However,China's "Contract Law" is very vague on the provisions of fundamental breach of contract,lack of a sound institutional system,in practice will not only lead to misleading and ambiguity,but also not conducive to China's trade rules and international standards.Since there is no clear setting for the system,it is inconvenient to deal with practical problems.