مشكلة التداخل بين حق المشتري في فسخ عقد البيع الدولي وحق البائع بإصلاح الخلل في تنفيذ الالتزام

Abstract EN

The research focus on the problem represent by existing to right the first belong to seller and another attributed to the purchaser that the two right will intervene between them at the same time.

The right of the seller to offer cure found its ground through Article 48 from CISG.

This right, of course, occupied the significant place between provisions in CISG and its exemplified which particularly borrow the legal terms from various legal systems and make mobilizing to the legal rules and had established as standard within it.

However, the process should be consistence with entirely provisions of the Convention so as to make the principle of the uniformity.

While, another right granted to purchaser in International Contract of Sale of Goods seek by which avoid the contract all these process occur in same time concurrent with the right of the seller to offer cure.

So, the tricky question is which the right prior to another? Does the right of the seller antecedent to the right of the buyer? or the right of the buyer to avoid contract will prior to the right of the seller to offer to cure and prevent it.