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迟延履行是一种典型而又迥异于其他瑕疵履行的违约行为。判断迟延履行是否或者何时构成根本违约,往往是欲及时解约的受害方难以把握的问题。《联合国国际货物销售合同公约》等国际法律文件将宽限期解约制度引入国际货物销售领域,为迟延履行受害方提供了根本违约以外的解约依据。然而,该制度还存在诸多具体问题急需完善。作者建议《联合国国际货物销售合同公约》明文规定宽限期适用明确的终止期限,并主张我国《合同法》加快完善国内相应之催告解约制度。
Delay in performance is a typical and very different from other defects in the performance of the breach. Determining whether or when delayed performance constitutes a fundamental breach of contract is often a difficult one to grasp for victims who want to be terminated in time. International legal documents such as the “UN Convention on Contracts for the International Sale of Goods” introduced the grace period termination system into the field of international sales of goods, and provided the basis for the termination of the contract beyond the fundamental breach of contract for the delay in performing the victimization. However, there are still many specific problems to be perfected in this system. The author suggests that “United Nations Convention on Contracts for the International Sale of Goods” expressly provides for a definite termination period for the grace period, and advocates that the “Contract Law” of our country should speed up and improve the domestic corresponding system for urging termination.