Dissertation > Excellent graduate degree dissertation topics show

On the actual performance of the system of remedies for breach of the Sale of Goods

Author: ZhouWu
Tutor: XuJianZhong
School: Foreign Service Institute
Course: International law
Keywords: System of remedies for breach Actual performance Damages Efficient Breach
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 268
Quote: 3
Read: Download Dissertation

Abstract

This paper attempts to history and comparative analysis discusses the actual performance of the different meanings and status in the system of remedies for breach of the two legal systems , as well as the United Nations International Sale of Goods Convention on Contracts for \to try to clarify the actual performance on two levels from the economic and legal position should have in the system of remedies for breach . The first chapter introduces the actual performance in the common law meaning and status . In common law , actual performance with the development of the Court of Chancery as damages on the common law exception to be applicable . In the long process of development , the common law applicable to the actual performance of the gradual formation of the more stringent conditions . Finally, the analysis of the U.S. Uniform Commercial Code \The second chapter explains the meaning and status of the actual performance in the civil law . In the civil law , under the influence of Roman law tradition , the actual performance has been used as a primary breach of contract remedy . This chapter analysis of legislation by Germany and France , reveals both the similarities and differences in the actual performance of the legislative model . The third chapter discusses the actual performance of the system in the United Nations Convention on the International Sale of Goods . Due to the requirements of international trade , the United Nations Convention on the International Sale of Goods , the two major legal differences in the actual performance of the system a certain remedy , on the one hand, to establish the primacy of the actual performance , but on the other hand , by 28 bar to the actual performance of the final decision on whether to allow national courts discretion . The fourth chapter, based on the analysis of the above three chapters , the actual performance and damages were compared , especially in the area of ??economic analysis . And critical efficiency theory of default , to further clarify the status of the actual performance of the system of remedies for breach . In the conclusion , the three questions asked , that the actual performance of the in default relief system as a primary relief is a desirable practice .

On the actual performance of the system of remedies for breach of the Sale of Goods

Abstract

Related Dissertations