Research On The Application Of CISG Article 25 In China | Posted on:2020-07-29 | Degree:Master | Type:Thesis | Country:China | Candidate:X Y Liu | Full Text:PDF | GTID:2436330575993509 | Subject:legal | Abstract/Summary: | PDF Full Text Request | The fundamental breach of contract system of《United Nations Convention on Contracts for International Sales of Goods》is the relief system based on Article 25 of the CISG.A fundamental breach of contract is one of the core systems of CISG,which is divided into two standards—the standard of seriousness of breach and the standard of foreseeability.These two standards often have a lot of controversy in theory and in judicial practice.This paper aims at application of the two standards of CISG in domestic judicial practice and analyzes the deficiencies of the application of the standard of seriousness of breach and the standard of foreseeability.Finally,I put forward some suggestions for deficiencies of the application.This paper has five chapters:The first chapter is introduction that mainly introduces the background and significance of the research and some methods of this paper.The second chapter mainly introduces the standard of seriousness of breach and the standard of foreseeability in order to have a complete understanding of this concept---the fundamental breach of contract system.The third chapter mainly introduces the application of fundamental breach of contract system in China.This chapter mainly analyzes application of the standard of seriousness of breach and the standard of foreseeability in China.The fourth chapter mainly introduces the deficiencies of application of fundamental breach of contract system.The fifth chapter mainly proposes some suggestions for the above deficiencies. | Keywords/Search Tags: | CISG, The fundamental breach of contract, seriousness of breach, foreseeability | PDF Full Text Request | Related items |
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