중국계약법 상 계약해제권에 관한 사례연구

In 1999, China legislated the Unification Contract Law instead of the previous three contract laws. The Contract law of the people's republic of 1999 (China contract law) was the first in the history of the legislation of PRC. It was enacted in reference from foreign legal systems to unified the three different laws(Economy Contract, Technology Contract, International Economy Contract) into a single form. The Chinese Contract Law accepted the advanced principles of being enacted in reference to a foreign legal system and international convention, such as CISG, PICC and German Civil Law. Chinese Contract Law is mainly influenced by CISG, especially the right to avoid a contract. Therefore, it is important to observe the legal system related to Contracts for the International Sale of Goods between CISG and Chinese contract law. In conclusion, this paper provides the considerations about the right to avoid contracts under Chinese Contract Law as follows; First of all, the standard of legally prescribed conditions rise to termination right and fundamental breach of contract applies only the objective breach of contract. Secondly, the concept of force majeure under Article 94(ⅰ) is so blur that a court has discretionary power to judge the standard. Third, the provisions about the breach of contract before the time of performance spread in Article 94 and Article 108 and divide into expressive and implied breach of contract without any differentiation of the effect. Forth, there are no remedies about performance guarantee or performance stoppage to the breach of contract before the time of performance. Finally, the concept `reasonable time' under Article 94(ⅲ) is not clear about the period. Therefore, a contract party considers the uncertainty whether he could terminate a contract about delayed performance.