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Arts. 63/64(1)(b) CISG–PECL, by Bruno Zeller [Australia]

Published online by Cambridge University Press:  20 October 2009

Bruno Zeller
Affiliation:
Senior Lecturer in Law, Victoria University Law School, Melbourne, Australia; Adjunct Professor of Law, Murdoch University, Perth
John Felemegas
Affiliation:
University of Technology, Sydney
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Summary

SCHEME OF CISG ARTICLES 63 AND 64(1)(B)

CISG Articles 63 and 64(1)(b) are part of the regime of remedies of breach of contract within the CISG, which in general can be divided into two categories: remedies where the contract can be terminated or avoided such as fundamental breach and remedies where the contract is still in force such as damages.

Articles 63 and 64(1)(b) are provisions that span both remedies through the principle of Nachfrist, which is the granting of additional time by the seller to the buyer to perform his obligation to pay the price or take delivery of the goods. The principle has been mainly borrowed from German domestic law as well as from the French procedure of mise en demeure. However there are significant differences between the German and French treatment of Nachfrist and the one in the CISG. This is a good point to remind ourselves of the mandate of Article 7(1) where uniformity of application demands the autonomous interpretation of the CISG; that is, without relying on principles founded in domestic law. In other words, German and French treatment of Nachfrist and mise en demeure must be ignored and cannot be used to explain the principle within the CISG despite significant similarities in doctrine and jurisprudence.

Common law attorneys may find the concept of Nachfrist foreign as it has no direct commonlaw counterpart. In brief, the various Sale of Goods Acts do not rely on the principle of “fundamental breach.”

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  • Arts. 63/64(1)(b) CISG–PECL, by Bruno Zeller [Australia]
    • By Bruno Zeller, Senior Lecturer in Law, Victoria University Law School, Melbourne, Australia; Adjunct Professor of Law, Murdoch University, Perth
  • 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/CBO9780511511417.067
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  • Arts. 63/64(1)(b) CISG–PECL, by Bruno Zeller [Australia]
    • By Bruno Zeller, Senior Lecturer in Law, Victoria University Law School, Melbourne, Australia; Adjunct Professor of Law, Murdoch University, Perth
  • 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/CBO9780511511417.067
Available formats
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Save book to Google Drive

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. 63/64(1)(b) CISG–PECL, by Bruno Zeller [Australia]
    • By Bruno Zeller, Senior Lecturer in Law, Victoria University Law School, Melbourne, Australia; Adjunct Professor of Law, Murdoch University, Perth
  • 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/CBO9780511511417.067
Available formats
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