CISG와 중국계약법상 본질적 계약위반에 관한 비교 연구

Abstract

The United Nations Convention on Contracts for the International Sale of Goods is an international unified substantive law that regulates the sale of goods between international equal subjects. The Convention absorbs the reasonable components of the civil law system and the common law system, clearly defines the fundamental breach of contract, and forms a system of default remedies centered on Article 25 of the Convention. It is generally believed that a fundamental breach of contract is a breach of contract that the contracting party violates the most important and fundamental clauses in the contract. The other party not only has the right to claim damages, but more importantly, the system that has the power to declare the contract invalid (dismissal). Article 94 of the Chinese Contract Law also stipulates a system of fundamental breach of contract. This paper has carried out a comprehensive and in-depth analysis of the fundamental breach of contract system in the Convention and China's contract law, pointed out the defects of the fundamental breach of contract system in China and put forward suggestions for improvement. First, study the concept of a fundamental breach of contract system. From a macro perspective, the basic breach of contract system in the Anglo-American legal system and civil law countries and related international legal documents. Second, it analyzes and compares the fundamental breach of contract system from the perspective of the convention and the Chinese contract law. Third, this study analyzes the applicable cases of fundamental breach of contract. Finally, it points out the defects of the fundamental breach of contract system stipulated in the Chinese contract law and puts forward corresponding improvement suggestions. Studying the fundamental breach of contract system is of great significance to make up for the gaps in China's relevant legislation and to promote the development of China's foreign trade.