Avoidance in Respect of Installment(s) - Chapter 9 - Remedies in International Sales
About the Author:
Chengwei Liu has practiced as a PRC lawyer in international trade and arbitration, FDI, M & A and IPO since his graduation from Renmin University of China. He has contributed to a CISG comparative review book published by Cambridge University Press and has authored over ten journal articles that have appeared in the Pace Review of the CISG, China Law & Practice, etc.
About the Editor:
Marie Stefanini Newman is the Director of the Pace University School of Law Library and an Associate Professor of Law. She also serves as Database Manager of the Pace website devoted to the United Nations Convention on Contracts for the International Sale of Goods.
Originally from Remedies in International Sales - Hardcover
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Preview Page from Chapter 9
... avoiding the whole contract, or whether they should be regarded as a series of separate contracts. Since abuses are possible in cases involving installment contracts, the rights and duties of the parties should be analyzed very carefully. In this regard, CISG Art. 73 sets out the relevant rules describing when a seller or a buyer is entitled to declare the contract avoided with respect to a single installment, future installments, or the contract as a whole, respectively. It reads:
(1) In the case of a contract for delivery of goods by installments, if the failure of one party to perform any of his obligations in respect of any installment constitutes a fundamental breach of contract with respect to that installment, the other party may declare the contract avoided with respect to that installment.
(2) If one party’s failure to perform any of his obligations in respect of any installment gives the other party good grounds to conclude that a fundamental breach of contract will occur with respect to future installments, he may declare the contract avoided for the future, provided that he does so within a reasonable time.
(3) A buyer who declares the contract avoided in respect of any ...
Section
§9.1 General: Scope of Application
§9.2 Avoidance of Installment(s)
9.2.1 Avoidance of a single installment: CISG Art. 73(1)
9.2.2 Avoidance of future installment(s): CISG Art. 73(2)
9.2.3 Avoidance of the contract as a whole: CISG Art. 73(3)
§9.3 Overlap of CISG Arts. 72 and 73(2)
§9.4 Competition between CISG Arts. 51 and 73