The seller’s right to cure and fundamental breach under CISG
Other Title(s)
أثر حق البائع في إصلاح الإخلال الجوهري على حق المشروع في فسخ العقد وفقا لاتفاقية فيينا للبيوع الدولية
Author
Source
University of Thi Qar Journal of Law
Issue
Vol. 2017, Issue 15 (31 Dec. 2017), pp.416-436, 21 p.
Publisher
University of Thi-Qar College of Law
Publication Date
2017-12-31
Country of Publication
Iraq
No. of Pages
21
Main Subjects
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
American Psychological Association (APA)
Hasan, Amir Muhammad Ali. 2017. The seller’s right to cure and fundamental breach under CISG. University of Thi Qar Journal of Law،Vol. 2017, no. 15, pp.416-436.
https://search.emarefa.net/detail/BIM-911304
Modern Language Association (MLA)
Hasan, Amir Muhammad Ali. The seller’s right to cure and fundamental breach under CISG. University of Thi Qar Journal of Law No. 15 (2017), pp.416-436.
https://search.emarefa.net/detail/BIM-911304
American Medical Association (AMA)
Hasan, Amir Muhammad Ali. The seller’s right to cure and fundamental breach under CISG. University of Thi Qar Journal of Law. 2017. Vol. 2017, no. 15, pp.416-436.
https://search.emarefa.net/detail/BIM-911304
Data Type
Journal Articles
Language
English
Notes
Record ID
BIM-911304