Abstract:The parties to the sales contract shall perform their obligations in accordance with the contract and relevant laws. In case the seller has failed to perform his obligations, the buyer is entitled to sue against the seller for breach of contract. However, based on the principles of good faith, trade encouragement and maintenance of contract, CISG has offered the seller the right to cure in case of nonperformance. And at the same time, in order to balance the interests of both the seller and the buyer, CISG has provided strict requirements on such right under Articles 48 (1) and 48 (2)-(4). When the seller is curing the nonperformance, the buyer may suspend his corresponding obligations. But the buyer may not exercise any other rights which are in conflict with the seller’s right to cure. In case the seller has failed to cure the nonperformance during the fixed period, the buyer may exercise the remedies provided in CISG. Even if the seller has successfully cured the nonperformance, the buyer may still claim for damages against the seller for his losses arising from seller’s nonperformance. If the buyer refuses wrongfully to accept seller’s right to cure, the buyer is precluded from exercising the remedies provided in CISG. As to the question whose right shall prevail, between the seller’s right to cure and buyer’s right to terminate the contract, right to repair or replace or to fix an additional period, it depends on whether the seller is exercising its right to cure under CISG Article 48 (1) or under Article 48 (2)-(4).