第一章 国际货物贸易法.ppt

A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result. 公约第25条界定了根本违反合同。 The determination whether the injury is substantial must be made in the light of the circumstances of each case, e.g., the monetary value of the contract, the monetary harm caused by the breach, or the extent to which the breach interferes with other activities of the injured party. 判断某行为是否构成根本违反合同应该根据案件的实际情形来判断。比如，可从以下几点来考虑合同的经济价值，受害方的经济损失或者违约行为对受害方其它行为的妨碍程度。 A declaration of avoidance of the contract is effective only if made by notice to the other party. 公约第26条规定：宣告合同的声明必须向另一方当事人发出通知，方始有效。 3.5.5 先期违约Anticipatory breach A party may suspend the performance of his obligations if, after the conclusion of the contract, it becomes apparent that the other party will not perform a substantial part of his obligations as a result of: 如果合同订立后，另一方当事人由于下列原因显然不履行其大部分重要义务，一方当事人可中止履行义务: (a) a serious deficiency in his ability of perform or in his creditworthiness; or (1)他履行义务的能力或者他的信用有严重缺陷; (b) his conduct in preparing to perform or in performing the contract. (2)他在准备履行合同或者履行合同中的行为。 A repudiatory breach by a party before the due date for performance entitles the other to avoid the contract. 先期违约方的行为如果属于根本违反合同行为，那么该行为赋予另一方有权宣告合同无效。 3.5.6 免除责任 Exemptions 在什么情形下可免除违约责任？ Force Majeure Article 79 comprises the Convention＇s version of a force majeure provision. 公约第79条规定了不可抗力条款。 A party is not liable for a failure to perform any of his obligations if he proves that the failure was due to an impediment beyond his control and that he could not reasonably be expected to have taken the impediment into account at the