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Preview Page from Chapter 10

§10.1 General
As demonstrated in the previous chapters, under the Convention, a number of articles provide a right to avoidance in the following instances: (a) avoidance based on the occurrence of a fundamental breach under Art. 49(1)(a)/64(1)(a) (see Chapters 6, 7); (b) avoidance through a Nachfrist notice according to Art.
49(1)(b)/64(1)(b) (see Chapter 3); (c) avoidance against anticipatory fundamental breach under Art. 72 (see Chapter 8); and (d) avoidance due to partial breach under Art. 51 or breach in respect of installment(s) under Art. 73 (see Chapter 9).
However, these aforementioned articles identify only the various situations where a right to avoidance may be justified in case of a breach. “The breach of a contractual obligation never leads to the automatic avoidance of the contract by law — even if, […], one party is substantially deprived of what she is entitled to expect under the contract (Art. 25 CISG; [citations omitted]).” “To the contrary, it is always mandatory to declare the avoidance of the contract [citations omitted].” That is to say, after the first step in avoiding a contract — the proper identification of the relevant grounds for avoidance under the Convention — a party choosing the avoidance route must continue to issue a declaration of avoidance by providing proper notice to the other party to the contract.