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Arts. 28, 46, 62 CISG–UP, by John Felemegas [Australia]

Published online by Cambridge University Press:  20 October 2009

John Felemegas
Affiliation:
Senior Lecturer in Law, Faculty of Law, University of Technology, Sydney
John Felemegas
Affiliation:
University of Technology, Sydney
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Summary

INTRODUCTION

In Part III entitled “Sale of Goods,” the Convention provides and regulates the respective obligations and rights of the parties to an international sales contract governed by the CISG, including the remedies available to a party for breach by the other party of the latter's corresponding obligations (duties) arising under the Convention.

In Chapter II, “Obligations of the Seller” (Art. 30), Sections I,“Delivery of the Goods and Handing over of Documents” (Arts. 31–34), and II, “Conformity of the Goods and Third Part Claims” (Arts. 35–44), the Convention sets forth the seller's obligations to the buyer. The buyer's remedies for the seller's breach of these obligations are set forth in Section III, “Remedies for Breach of Contract by the Seller” (Arts. 45–52).

In an exercise of structural, as well as substantive, equality between the parties to the contract, in Chapter III, “Obligations of the Buyer” (Art. 53), Sections I, “Payment of the Price” (Arts. 54–59), and II, “Taking Delivery” (Art. 60), the Convention sets forth the buyer's obligations to the seller. The seller's remedies for the buyer's breach of the corresponding obligations are set forth in Section III, “Remedies for Breach of Contract by Buyer” (Arts. 61–65).

The present analysis focuses on the right of a party to require the other party to perform his obligations to the former pursuant to the Convention's provisions (CISG Arts. 28, 46, and 62).

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  • Arts. 28, 46, 62 CISG–UP, by John Felemegas [Australia]
    • By John Felemegas, Senior Lecturer in Law, Faculty of Law, University of Technology, Sydney
  • Edited by John Felemegas, University of Technology, Sydney
  • Book: An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
  • Online publication: 20 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511417.021
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  • Arts. 28, 46, 62 CISG–UP, by John Felemegas [Australia]
    • By John Felemegas, Senior Lecturer in Law, Faculty of Law, University of Technology, Sydney
  • Edited by John Felemegas, University of Technology, Sydney
  • Book: An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
  • Online publication: 20 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511417.021
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Arts. 28, 46, 62 CISG–UP, by John Felemegas [Australia]
    • By John Felemegas, Senior Lecturer in Law, Faculty of Law, University of Technology, Sydney
  • Edited by John Felemegas, University of Technology, Sydney
  • Book: An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
  • Online publication: 20 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511417.021
Available formats
×