Subsequent Performance and Delivery Deadlines - Avoidance of CISG Sales Contracts due to Non-Conformity of the Goods

Peter Schlechtriem

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European and International Contract Law Legal principles and applications Law, logistics, and international trade

Abstract

The rules regarding the prerequisites for avoidance of sales contracts due to non-conformity of the goods-referred to in the Birgerliches Gesetzbuch (German Civil Code) [hereinafter BGBI as rescission (Ricktritt), previously cancellation (Wandelung)-are difficult and have been the object of international controversy in uniform sales law.'There are, in particular, three interests to be considered and weighed against each other in the avoidance of a sales contract due to non-conformity of the goods, especially due to defects in the quality of goods.The buyer has an interest that the threshold for avoidance be as low as possible, so that in the event of non-conformity of the goods he can readily get out of t M.C.L. (Univ. of Chicago).

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2010AVOIDANCE FOR FUNDAMENTAL BREACH OF CONTRACT UNDER THE UN CONVENTION ON THE INTERNATIONAL SALE OF GOODS 2016Schlechtriem & Schwenzer: Commentary on the UN Convention on the International Sale of Goods

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