联合国国际货物销售合同公约预期违约通知义务分析-analysis on the obligation of notice of anticipatory breach of the united nations convention on contracts for the international sale of goods.docxVIP

《联合 《联合国国际货物销售合同公约》预期违约制度中守约方通知义务的适用研究 5 5 近几年热点案例产生的争议问题为立足点，从国际货物销售合同预期违约的概念、起源 理论知识出发，进一步细致到预期违约通知义务的产生及发展，对其历史变化进行梳理 和对比，结合争议观点的分析，对公约中规定的双方当事人通知义务进行探讨论证，进 而得出笔者的观点。以期对 CISG 预期违约制度的理解和实际运用贡献微薄之力。 关键词：联合国国际货物销售合同公约；预期违约；通知义务 《联合 《联合国国际货物销售合同公约》预期违约制度中守约方通知义务的适用研究 西南政 西南政法大学硕士学位论文 1 1 2 2 Abstract The international sale of goods trade practice is complicated. That the parties to the contract of sale does not perform or improper performance contracts lead to default cases occurring from time to time.and the system of liability for breach in the contract for the international sale of goods and the relief is to guarantee the smooth realization of contract creditors rights, maintain the important regulation mechanism of international goods trading order, more direct relationship to the international unification. When it comes to contract law and all these function realization on the importance to the economic and social contract, the parties to a contract have set themselves a new law, because the new relationship between rights and obligations of the legal relationship has modified the existing contract, which has been likened to the shared tools of the legislative power. Therefore, the contract is the basic criteria of social order.Breach of contract is a violation of the basic social order.In the final analysis on Contracts for the international sale of goods, the liability for breach of contract, is to build a better international goods trade order, from the legislative and judicial realizing the contract the parties equality rights of fair distribution. After the contract for the international sale of goods contract, both parties should be in accordance with the provisions of the contract, perform their respective duties, exercise and realize their rights. Both parties abide by the contract, is the premise and guarantee to fulfill the contract. The system of anticipatory breach of contract is the legal authorization of the parties in the face of threats (the actu