Preliminary communication
https://doi.org/10.30925/zpfsr.41.1.9
AVOIDANCE OF CONTRACT OF SALE AFTER MATURITY OF THE OBLIGATIONS OF THE PARTIES UNDER THE UN CONVENTION ON THE INTERNATIONAL SALE OF GOODS
Zvonimir Slakoper
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Josip Dešić
; Sveučilište u Rijeci Pravni fakultet, Rijeka, Hrvatska
Abstract
The paper deals with avoidance of a contract of sale after the maturity of the parties' obligations under the UN Convention on the International Sale of Goods (The Vienna Convention). The Vienna Convention is a multilateral treaty establishing a unified legal regime for cross-border sales of goods, which form the backbone of international trade. The Vienna Convention is therefore considered to be one of the fundamental conventions of international commercial law, that is in force in 93
countries from all legal traditions and levels of economic development, which together represent more than two thirds of the global economy, which has greatly contributed to the harmonization of international trade law and the increase degree of legal certainty in international trade. In an effort to be acceptable to different legal systems, the
Vienna Convention has largely deviated from the solutions of national rights and legal circles and created autonomous concepts and solutions. Special creative solutions were foreseen for the avoidance of the contract. The paper specifically analyzes avoidance in case of fundamental breach of contract, avoidance in case of the failure
to comply with the additional deadline, avoidance in case of non-compliance, as well as avoidance because of the rights or claims of third parties. Particular attention is paid to complete and partial avoidance and avoidance in successive deliveries.
Keywords
avoidance of contract; UN Convention on international sale of goods; fundamental breach of contract
Hrčak ID:
238311
URI
Publication date:
15.5.2020.
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