Key Remedies for Breach of Contract under CISG and the Chinese Civil Code: A Comparative Study

Abstract

The thesis provides a comparative analysis of key remedies for breach of contract under the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Civil Code of the People’s Republic of China. Focusing on contract avoidance, specific performance, and damages, the study examines both legal texts and judicial practice to highlight similarities and differences in their application. Through case studies, it analyzes how each system defines fundamental breach, handles procedural requirements, and exercises judicial discretion. The thesis finds that while Chinese contract law has incorporated many elements from the CISG, notable differences remain in legal thresholds and enforcement approaches. These differences reflect deeper distinctions in legal traditions and policy priorities. The study offers insights into the harmonization of international and domestic legal frameworks in cross-border commercial transactions.