Remedies for breach of contract where only part of the contract has been performed: Comparison between provisions of the CISG (Articles 51 and 73) and counterpart provisions of the Principles of European Contract Law

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Abstract

CISG Articles 51 and 73 are often considered concurrently as they both deal with the scenario in which only part of a contract has been performed. However, by doing so, some very important distinctions between the two articles may be overlooked. As one would expect, Article 51, which appears under the heading, “Remedies for Breach of Contract by the Seller,” does provide rights that are only exercisable by the buyer. The first two sub-articles of Article 73, on the other hand, are provisions common to both the seller and the buyer. A further crucial distinction within the subject matter of the two articles is the type of contract considered by each. Article 51 applies where there has been a failure to deliver part of a contract intended to be delivered as a whole. Article 73 applies to installment contracts and the failure to perform an obligation in respect to an installment. Further, although in both scenarios the buyer may ultimately obtain the same remedy, the two Articles follow different paths to that result. The PECL do not draw a distinction between rights of the seller and buyer in the same manner as the CISG. Nor is the PECL intended to relate solely to contracts for the sale of goods. As a consequence of the latter difference the term “delivery” makes way for “performance.”

Original languageEnglish
Title of host publicationAn International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
EditorsJohn Felemegas
PublisherCambridge University Press
Pages415-419
Number of pages5
ISBN (Print)0521868726, 9780521868723
DOIs
Publication statusPublished - 2007
Externally publishedYes

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