فسخ قرارداد در کنوانسيون بيع بين المللي کالا استاد : جناب آقاي دکتر فيضي چکاب دانشجو : علي ده دشتي

 Buyer’s right to declare the contract avoided.  Seller’s right to declare the contract avoided.

Article 49: 2 scenarios: i) Fundamental breach ii) Non-delivery

 The buyer can declare the contract avoided if the seller has committed a fundamental breach of its obligations (Article 49(1)(a)).  Fundamental breach is defined in Article 25: substantially to deprive him foresee A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result.

 The Magnitude of Harm CISG Advisory Council opinion: i) The term of the contract. ii) The purpose for which the goods were bought iii) Whether any non-conformity could be cured  Foreseeability of Harm i) Breaching party ii) Reasonable person

 Article 49 (1)(b): where the seller has not delivered the goods.  Article 47: i) Fix an additional time period. ( Nachfrist notice) ii) Seller does not so perform or state that it will not perform, then the buyer can declare the contract avoided iii) without having to argue that the breach is fundamental (late delivery is not fundamental breach)

Article 64: 2 scenarios: i) Fundamental breach ii) Non-performance

Article 64 (1)(a) The seller may declare the contract avoided: (a) if the failure by the buyer to perform any of his fundamental breach obligations under the contract or this Convention amounts to a fundamental breach of contract; Article 25

Article 64 (1)(b) additional period of time if the buyer does not, within the additional period of time fixed by the seller in accordance with paragraph (1) of Article 63, perform his obligation to pay the price or take delivery of the goods, or if he declares that he will not do so within the period so fixed. Article 63 (1) The seller may fix an additional period of time of reasonable length for performance by the buyer of his obligations.

 International Sales Law and Arbitration, Problem Cases and commentary, Joseph F. Morrissey, Jack M. Graves  Uniform law for international sales under the 1980 united nation convention, John O. Honnold  UN Law on International sales, Peter Schlechtriem, Petra Butler