英文摘要 |
The fundamental breach of contract means that the contract's essential purpose is frustrated, and then affects its validity. If some recognition of the non-breaching party can supplement the purpose of the contract, it should be recognized from the legal level, so as to achieve the performance efficiency of the international trade in goods contract. The basic expression of the recognition rule of the observant party is as follows: there is a nonbreaching party and the breaching party in an international trade contract, and the non-breaching party claims a fundamental breach; Although the breaching party may not actively claim the fundamental breach, it has the special defense right to prevent the contract from being deemed fundamental breach too quickly. Under the existing legal framework, recognition of the observant party is still a practical legal presumption rather than a written norm. This excludes the non-breaching party's explicit acceptance of the breaching act, the cancellation of the breaching party's debt or the renegotiation with the breaching party. Such a rule has already appeared in the CISG Convention. In practice, our country's judicial practice has established some legal rules regarding the accreditation of non-breaching parties through case trials, such as the non-breaching party to achieve the purpose of the contract, reasonable performance behavior, and the third party accreditation who can be used as the alternative standard of non-breaching party accreditation. The parties should recognize the reasonable factors and potential benefits of the non-breaching party recognition rules, and make full use of these rules from the perspectives of the breaching party and the nonbreaching party to avoid the situation of fundamental breach of contract. |