CEU Electronic Theses and Dissertations, 2019
| Author | Mamytov, Zamirbek |
|---|---|
| Title | Fundamental Breach of Contract: A Comparative Study of the CISG and Kyrgyz Law |
| Summary | This paper presents a comparative study of a fundamental breach of contract under the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Civil Code of the Kyrgyz Republic (Kyrgyz law). The main purpose of the study is to examine the provisions of a fundamental breach of contract under the CISG and Kyrgyz law, find their problematic provisions and make proposals to solve those problems. Comparative study is based on the analysis of provisions concerning fundamental breach of contract under the CISG, Civil Code, court decisions on fundamental breach of contract, arbitral awards related to CISG and legal expertise of scholars in the field of a fundamental breach of contract. The outcome of the legal research demonstrates that the provisions of the CISG and Kyrgyz law concerning a fundamental breach of contract are commonly the same. However, after a deep analysis, several fundamental differences have been established, in particular, differences concerning the definition, constitutive elements and remedies. Moreover, the research showed that there are problematic issues on elements and remedies of fundamental breach of contract both under the CISG and Kyrgyz law. Subsequently, the research findings advance proposals on the coordination of the appropriate provisions of Kyrgyz law with CISG and vice versa. |
| Supervisor | Markus Petsche |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2019/mamytov_zamirbek.pdf |
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