CEU Electronic Theses and Dissertations, 2007
| Author | Bezarevic, Jelena |
|---|---|
| Title | NON-CONFORMITY AS FUNDAMENTAL BREACH BY THE SELLER UNDER THE CISG |
| Summary | The case law has shown that the CISG rules regarding fundamental breach of the contract in the case of non-conformity of the goods or the documents are interpreted and applied inconsistently among courts. The reason for that is attributed to Article 25 which sets the basic “fundamental breach test” in vague and indefinite terms. Moreover, the CISG high standards for fundamental breach have been criticized as being unsuitable for international documentary sales and commodity trade. This thesis shall discuss the importance of the foregoing issues. It shall be aimed at providing guiding criteria for the uniform application of the CISG rules to the question whether a particular non-conformity amounts to fundamental breach of the contract. The paper shall demonstrate that despite the generally high threshold for fundamental breach, the Convention may and should be read so as to respond to the particular needs of documentary and commodity trade transactions. |
| Supervisor | Varady, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2007/bezarevic_jelena.pdf |
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