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Study of Mitigation Obligation in United Nations Convention on Contracts for the International Sale of Goods

Author: YaoYiNan
Tutor: ZhouQingHua
School: Dalian Maritime University
Course: International Economic Law
Keywords: Derogation Law and Economics Efficiency Actual defaults Anticipatory breach of contract
CLC: D996
Type: Master's thesis
Year: 2011
Downloads: 93
Quote: 1
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Abstract


With China 's participation in international trade increasingly frequent and the development of world economic integration , in a variety of foreign-related contracts , the application of a variety of international rules more and more , so more and more attention of the relevant norms of international law of international trade contracts . At the same time , whether it is related to the field of academics or parties in the international trade , focus on how to ensure successful performance in the contract I have given relief for breach of contract, a high degree of attention , and more and more attention to damages for breach restriction rules . For the International Sale of Goods Convention on Contracts \rights and interests , including how reasonable restrictions in breach of contract damages . Derogate from the many damages limitation rules , the more important is the basis for the rule of one of the rules , the derogation rules embodied derogation obligations also discussed by many scholars . The meaning and the nature of the text is divided into five chapters , the first chapter an overview of issues related to detract from the obligation to introduce derogation obligations . The second chapter describes the law and economics analysis method and efficiency metrics , and lay the foundation for the analysis of CISG impairment obligations . Chapter comprehensive CISG the derogation under 77 obligations , instructions derogate from obligations in the reasonable judgment , and to analyze the relationship between derogate obligations and the actual performance of the relief methods and goodwill . Chapter IV detract from detract from the obligation of the seller and the buyer of the actual breach and anticipatory breach of contract obligations applicable to two aspects of the application of the obligations of the derogation . Finally, in the fifth chapter , by the CISG provisions of Article 77 derogations obligations and China 's Contract Law 119 comparison of CISG article 77 of the revelation derogate obligations applicable contract law in China , and China 's Contract Law derogate from the application of the obligations expected default recommendations . I hope to be useful in the practice of the application of the derogation obligations .

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CLC: > Political, legal > Legal > International law > International Economic Law
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