CEU Electronic Theses and Dissertations, 2017
| Author | Klepac, Lovro |
|---|---|
| Title | The Availability of a Hardship Defense under the UN Convention on Contracts for the International Sale of Goods (CISG) |
| Summary | Earthquakes, floods, fires, extremely bad weather conditions, market crashes and changed economic circumstances might render the party’s performance impossible, excessively onerous, or difficult. UN Convention on Contracts for the International Sale of Goods (CISG) provides an exemption from liability for damages to the disadvantaged party whose performance is impeded by an unforeseeable, unavoidable event. The problem which has been hotly debated among scholars and courts is, whether CISG allows an exemption from liability due to changed circumstances which fall short of complete impossibility of performance, and if it does, what are the requirements, particularly threshold in case of economic hardship, for the excuse of disadvantaged party in such situation. Thesis presents an overview of approaches to the question adopted by domestic courts, arbitral tribunals, and legal doctrine, and provides reasons for which a situation of changed circumstances or hardship may be qualified as an impediment under Convention’s exemption provisions and dealt with by the remedies provided in Article 79 CISG, without the need to resort to external sources. |
| Supervisor | Petsche, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2017/klepac_lovro.pdf |
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