CISG根本违约制度的借鉴与启示

The Reference and Enlightenment of CISG's Total Breach of ContractAbstractNowadays,in the context of the continuous development of economic globalization,invarious countries,the economic activities are gradually deepening and civil legal activitiesbetween different countries are taking place from time to time,and "CISG"(United NationsConvention on Contracts for the International Sale of Goods)is used as an international legaldocument to regulate contractual acts and contractual disputes between countries.As ofDecember 29,2015,a total of 84 countries have been approved and participated in theConvention which means that the legal provisions and norms of the world have beenrecognized by the vast majority of countries,then,"CISG"in the legislative ideas,legislativetechnology,legislative basis is bound to have China's contract law worthy of reference andlearning.Through the main interpretation of article 25 of "CISG"that is,the provisions of itsfundamental breach of contract and the comparative argumentation of the relevantprovisions in the Contract Law,this paper discusses how "CISG"can draw lessons andinspiration on our contract law in terms of fundamental breach,hoping that the contract lawof our country can be more perfect in this field.Keywords:Fundamental Breach of Contract;United Nations Convention on Contracts forthe International Sale of Goods;Chinese Contract Law