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Art. 50 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 50 of the Convention is a part of the remedial scheme of the CISG. This provision is reflective of the general CISG approach of trying to balance the rights of the buyer and the seller, in the sense that it gives the buyer the right to reduce the price, but the seller may remedy the non-conformity and subsequently obtain the original price agreed on in the contract. PECL Article 9:401 gives the buyer the same right of reducing the price, even though the Principles do not use the term “buyer” but instead use a “party who accepts the tender of performance.” It must be noted that the Principles apply not only to contracts for the sale of goods but also to other types of contracts. In the CISG's realm, the buyer has at his disposal, in addition to price reduction, the remedies of specific performance (CISG Article 46), request for remedying of the non-conforming performance (CISG Article 48), avoidance of the contract in cases of fundamental breach of contract (CISG Article 49(1)), and damages (CISG Articles 45(1) and 74–77).

(b) The objective of CISG Article 50 is to give the buyer an opportunity to keep the received goods that, even though not entirely conforming to what had been agreed on in the contract, he may still make use of, but he may take the non-conformity into account when paying the purchase price.

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  • Art. 50 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/CBO9780511511417.063
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  • Art. 50 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/CBO9780511511417.063
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.

  • Art. 50 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/CBO9780511511417.063
Available formats
×