The seller’s right to cure and fundamental breach under CISG

Abstract EN

This paper search the occurrence of seller’s fundamental breach under the Convention on Contracts for the International Sale of Goods (CISG) in cases where the cure of such breach is still possible without causing unreasonable delay or inconvenience to the buyer.

This issue implies a kind of conflict between the buyer’s right to avoid the contract and the seller’s right to enforce it despite his failure to perform.

This article distinguishes between the seller right to cure prior to the time of performance and after the time of performance.

It explores the scholarly and judiciary views in this area; and defends the view that, the seller has an unconditional right to cure fundamental breach as long as the time allowed for performance has not lapsed.

However, if the projected performance time has passed, the buyer has immediate right to avoid the contract as set out in article 49 (1) a CISG regardless of the seller’s ability and willingness to cureThis paper search the occurrence of seller’s fundamental breach under the Convention on Contracts for the International Sale of Goods (CISG) in cases where the cure of such breach is still possible without causing unreasonable delay or inconvenience to the buyer.

This issue implies a kind of conflict between the buyer’s right to avoid the contract and the seller’s right to enforce it despite his failure to perform.

This article distinguishes between the seller right to cure prior to the time of performance and after the time of performance.

It explores the scholarly and judiciary views in this area; and defends the view that, the seller has an unconditional right to cure fundamental breach as long as the time allowed for performance has not lapsed.

However, if the projected performance time has passed, the buyer has immediate right to avoid the contract as set out in article 49 (1) a CISG regardless of the seller’s ability and willingness to cure