对外经济贸易大学：《比较合同法》课程教学资源（授课教案）第五章 违约及其救济措施

第五章 违约及其救济措施 第一节、受损害方在另一方违约时的权利和义 务 第二节、违约救济 第三节、预期违约 赞卧价贸易大芳 10写

第五章 违约及其救济措施 z 第一节、受损害方在另一方违约时的权利和义 务 z 第二节、违约救济 z 第三节、预期违约

第一节受损害方在另一方违约时的权利和义务 中止履行的权利 二、给违约方自行补救机会的义务 三、解除或终止合同的权利 赞卧价贸易大誉 1951

第一节 受损害方在另一方违约时的权利和义务 z 一、中止履行的权利 z 二、给违约方自行补救机会的义务 z 三、解除或终止合同的权利

第一节受损害方在另一方违约时的权利 和义务 中止履行的权利 中止履行是指合同一方在合同为其规定 的履行期到来时暂时不履行该方的合同 义务。 赞卧价贸易大誉 1951

第一节 受损害方在另一方违约时的权利 和义务 z 一、中止履行的权利 z 中止履行是指合同一方在合同为其规定 的履行期到来时暂时不履行该方的合同 义务

Uniform Commercial Code S 2-609.Right To Adequate Assurance Of Performance ● (1)A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired.If reasonable grounds for insecurity arise with respect to the performance of either party,the other may demand in a record adequate assurance of due performance and until the party receives the assurance may if commercially reasonable suspend any performance for which it has not already received the agreed return. 制卧价贸易本学 1951

Uniform Commercial Code z § 2-609. Right To Adequate Assurance Of Performance z (1) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. If reasonable grounds for insecurity arise with respect to the performance of either party, the other may demand in a record adequate assurance of due performance and until the party receives the assurance may if commercially reasonable suspend any performance for which it has not already received the agreed return. z ……

Official Comment 2.Three measures have been adopted to meet the needs of commercial men in such situations. First,the aggrieved party is permitted to suspend his own performance and any preparation therefor,with excuse for any resulting necessary delay,until the situation has been clarified. "Suspend performance"under this section means to hold up performance pending the outcome of the demand,and includes also the holding up of any preparatory action.This is the same principle which governs the ancient law of stoppage and seller's lien,and also of excuse of a buyer from prepayment if the seller's actions manifest that he cannot or will not perform. 制卧衔贸易本学 1951

Official Comment z 2. Three measures have been adopted to meet the needs of commercial men in such situations. z First, the aggrieved party is permitted to suspend his own performance and any preparation therefor, with excuse for any resulting necessary delay, until the situation has been clarified. "Suspend performance" under this section means to hold up performance pending the outcome of the demand, and includes als o the holding up of any preparatory action. This is the same principle which governs the ancient law of stoppage and seller's lien, and als o of excuse of a buyer from prepayment if the seller's actions manifest that he cannot or will not perform

Official Comment Secondly,the aggrieved party is given the right to require adequate assurance that the other party's performance will be duly forthcoming.This principle is reflected in the familiar clauses permitting the seller to curtail deliveries if the buyer's credit becomes impaired,which when held within the limits of reasonableness and good faith actually express no more than the fair business meaning of any commercial contract. 赞卧简易大鉴 1951

Official Comment z Secondly, the aggrieved party is given the right to require adequate assurance that the other party's performance will be duly forthcoming. This principle is reflected in the familiar clauses permitting the seller to curtail deliveries if the buyer's credit becomes impaired, which when held within the limits of reasonableness and good faith actually express no more than the fair business meaning of any commercial contract

Official Comment Third,and finally,this section provides the means by which the aggrieved party may treat the contract as broken if his reasonable grounds for insecurity are not cleared up within a reasonable time.This is the principle underlying the law of anticipatory breach, whether by way of defective part performance or by repudiation.The present section merges these three principles of law and commercial practice into a single theory of general application to all sales agreements looking to future performance. 制卧衔贸易本学 1951

Official Comment z Third, and finally, this section provides the means by which the aggrieved party may treat the contract as broken if his reasonable grounds for insecurity are not cleared up within a reasonable time. This is the principle underlying the law of anticipatory breach, whether by way of defective part performance or by repudiation. The present section merges these three principles of law and commercial practice into a single theory of general application to all sales agreements looking to future performance

第一节受损害方在另一方违约时的权利和义务 二、给违约方自行补救机会的义务 在某些情况下，即使合同一方严重地违 反了合同，法院依然会认为，受损害方 在中止自己一方的履行或者解除合同之 前，必须给违约方一个对其违约进行自 行补救的机会，只要违约方有这样的要 求。 制卧价蜀易大学 1951

第一节 受损害方在另一方违约时的权利和义务 z 二、给违约方自行补救机会的义务 z 在某些情况下，即使合同一方严重地违 反了合同，法院依然会认为，受损害方 在中止自己一方的履行或者解除合同之 前，必须给违约方一个对其违约进行自 行补救的机会，只要违约方有这样的要 求

Uniform Commercial Code 2-508.Cure By Seller Of Improper Tender Or Delivery; Replacement ● (1)If the buyer rejects goods or a tender of delivery under Section 2-601 or 2-612 or,except in a consumer contract, justifiably revokes acceptance under Section 2-608(1)(b)and the agreed time for performance has not expired,a seller that has performed in good faith,upon seasonable notice to the buyer and at the seller's own expense,may cure the breach of contract by making a conforming tender of delivery within the agreed time.The seller shall compensate the buyer for all of the buyer's reasonable expenses caused by the seller's breach of contract and subsequent cure. 制卧价贸易本岩 1951

Uniform Commercial Code z § 2-508. Cure By Seller Of Improper Tender Or Deliv ery; Replacement z (1) If the buyer rejects goods or a tender of deliv ery under Section 2-601 or 2-612 or, except in a consumer contract, justifiably revokes acceptance under Section 2-608(1)(b) and the agreed time for performance has not expired, a seller that has performed in good faith, upon seasonable notice to the buyer and at the seller's own expense, may cure the breach of contract by making a conforming tender of delivery within the agreed time. The seller shall compensate the buyer for all of the buyer's reasonable expenses caused by the seller's breach of contract and subsequent cure

Uniform Commercial Code 2-508.Cure By Seller Of Improper Tender Or Delivery; Replacement (2)If the buyer rejects goods or a tender of delivery under Section 2-601 or 2-612 or,except in a consumer contract, justifiably revokes acceptance under Section 2-608(1)(b)and the agreed time for performance has expired,a seller that has performed in good faith,upon seasonable notice to the buyer and at the seller's own expense,may cure the breach of contract,if the cure is appropriate and timely under the circumstances,by making a tender of conforming goods.The seller shall compensate the buyer for all of the buyer's reasonable expenses caused by the seller's breach of contract and subsequent cure. 制卧价贸易本学 1951

Uniform Commercial Code z § 2-508. Cure By Seller Of Improper Tender Or Deliv ery; Replacement z (2) If the buyer rejects goods or a tender of deliv ery under Section 2-601 or 2-612 or, except in a consumer contract, justifiably revokes acceptance under Section 2-608(1)(b) and the agreed time for performance has expired, a seller that has performed in good faith, upon seasonable notice to the buyer and at the seller's own expense, may cure the breach of contract, if the cure is appropriate and timely under the circumstances, by making a tender of conforming goods. The seller shall compensate the buyer for all of the buyer's reasonable expenses caused by the seller's breach of contract and subsequent cure