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Art. 46 CISG–PECL, by Jarno J. Vanto [Finland]

Published online by Cambridge University Press:  20 October 2009

Jarno Vanto
Affiliation:
Attorney, Law Firm of Covington & Burling, Brussels
John Felemegas
Affiliation:
University of Technology, Sydney
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Summary

a. Article 46 of the Convention gives the buyer the right to specific performance unless the buyer resorts to a remedy that is inconsistent with it. As is evident throughout the provisions of the CISG, the rights of the buyer and the seller are balanced in the Convention, and the seller is also entitled to demand specific performance as stated in CISG Article 62. Resorting to the remedy of specific performance does not deprive the buyer of his right to claim damages, as stated in CISG Article 45(2). Another aspect of this balance between the rights of the buyer and the seller is that according to CISG Article 48(1) the seller may, even after the date for delivery, remedy at his own expense any failure to perform his obligations, if he can do so without unreasonable inconvenience or uncertainty of reimbursement by the seller of expenses advanced by the buyer. If the seller makes use of this right, the buyer need not make use of his right to require performance under CISG Article 46. In fact, if the seller requests an opportunity to remedy in accordance with CISG Article 48(1) and the buyer does not comply with the request within a reasonable time, the seller may remedy within the time indicated in his request and the buyer may not resort to any remedy that is inconsistent with performance by the seller during that time (see CISG Art. 48(2)).

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  • Art. 46 CISG–PECL, by Jarno J. Vanto [Finland]
    • By Jarno Vanto, Attorney, Law Firm of Covington & Burling, Brussels
  • 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/CBO9780511511417.059
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  • Art. 46 CISG–PECL, by Jarno J. Vanto [Finland]
    • By Jarno Vanto, Attorney, Law Firm of Covington & Burling, Brussels
  • 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/CBO9780511511417.059
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.

  • Art. 46 CISG–PECL, by Jarno J. Vanto [Finland]
    • By Jarno Vanto, Attorney, Law Firm of Covington & Burling, Brussels
  • 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/CBO9780511511417.059
Available formats
×