Ch.7 Non-performance, s.4: Damages, Introduction to Section 7.4 of the PICC

2015 ◽  
Author(s):  
McKendrick Ewan
Keyword(s):  
United Nations ◽  
The Other ◽  
Limiting Factor ◽  
Notable Feature ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
The Right

Section 7.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) is concerned with remedy of damages. It covers the right to recover damages in the event of non-performance as well as the measure of damages, particularly the use of foreseeability as a limiting factor on the recoverability of damages. A notable feature of Section 7.4 is that the entitlement to recover damages is not linked to any notion of fault, nor to any system of notification of the defaulting party. Instead, the right arises on non-performance by the other party to the contract unless the non-performance is excused. The articles in Section 7.4 build upon, and in places develop, the rules to be found in the United Nations Convention on Contracts for the International Sale of Goods (CISG).

scholarly journals The Problem of ‘Open Price Term’ in Contracts of Sale of Goods in Iran and under the United Nations Convention on Contracts for the International Sale of Goods

2018 ◽  
Vol 7 (3.30) ◽  
pp. 219
Author(s):  
Farzaneh Akrami ◽  
Sakina Shaik Ahmad Yu ◽  
Suzanna Mohamed Isa
Keyword(s):  
United Nations ◽  
Research Method ◽  
The Other ◽  
New Methods ◽  
Iranian Law ◽  
The World ◽  
International Regulations ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

This is an undeniable fact is that incomprehensible or restricted rules cause problems for merchants as suppliers. This is more perceptible through domestic rules of the countries. However, international businessmen are also affected by existing conflicts in the international regulations. The concept of ‘open price term’ in contracts for the sale of goods is one of the best samples for developments in the world’s trade. However, regarding the open price term, the Iranian law has yet to adopt this vital phenomenon. On the other hand, if Iranian legislator aims to impose open price rules in the regulations, provisions of an international set of rules seem to be a useful model for such regulations as they are more common and have the capacity of being applied in the contracts made by parties from all over the world. As such, the United Nations Convention on Contracts for the International Sale of Goods (CISG), as an international set of rules containing open price rules is chosen in this paper to be studied as a model for such regulations. However, respective Article in CISG consists of some shortcoming as well. Thus, Adopting the doctrinal research method, in this paper aims to highlight the importance of adopting new rules for new methods of transaction and the necessity of amendments on existing rules.  

scholarly journals INTERPLAY BETWEEN ARTICLE 14 AND ARTICLE 55 OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG)

2016 ◽  
Vol 1 (11) ◽  
pp. 49
Author(s):  
Nemanja Pandurević
Keyword(s):  
United Nations ◽  
Common Sense ◽  
The Other ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

The paper focuses on the possibility of concluding contracts for the international sale of goods under the CISG when the price is not determined. The paper analyzes a contradiction between Article 14 of CISG which clearly sets the rule that offer must determine prices, which further implies the impossibility of acceptance of the offer when this element is not defined. From the other side, the Convention under Article 55 still contains dispositive rule of determining prices with the contracts that are validly concluded with no further provisions on this. These two opposing articles create a dilemma in terms of their common sense when interpreted in light of the fact that the CISG is uniform, meaningful and non-contradictory convention.

Reimagining transnational validity under the CISG

2018 ◽  
Vol 17 (3) ◽  
pp. 156-168
Author(s):  
Ndubuisi Nwafor ◽  
Collins Ajibo ◽  
Chidi Lloyd
Keyword(s):  
United Nations ◽  
Design Methodology ◽  
Conceptual Approach ◽  
Content Type ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
Analytical Approaches

Purpose The aims and objectives of the United Nations Convention on Contracts for the International Sale of Goods (CISG) have been defeated by the intrusion of domestic laws of different contracting states in the interpretation of the provisions of this Convention. One of the most abused channels of this un-uniform interpretation is through art 4 of the CISG, which excludes the matters of validity and property from the Convention’s jurisdiction. This paper, therefore, aims to critically analyze the dangers of unsystematic reliance on the domestic laws in the interpretation of art 4 of the CISG on matters involving transnational validity and property. Design/methodology/approach The paper will use doctrinal methodology with critical and analytical approaches. The paper will incisively study the doctrines, theories and principles of law associated with validity of commercial contracts and the implications of exclusion of the doctrine of “validity” under the CISG. Findings The findings and contribution to knowledge will be by way of canvassing for a uniform transnational validity doctrine that will streamline and position the CISG to serve as a uniform international commercial convention. Originality/value This paper adopted a conceptual approach. Even though the paper ventilated the views of many writers on the issue of application of the doctrine of validity under the CISG, the paper, however, carved its own niche by making original recommendations on how to create a uniform validity jurisprudence under the CISG.

Art.20 Personal Mobility

2018 ◽  
Author(s):  
Kovudhikulrungsri Lalin ◽  
Hendriks Aart
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Human Beings ◽  
Persons With Disabilities ◽  
Personal Mobility ◽  
Cultural Activities ◽  
European Court ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

This chapter examines Article 20 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Personal mobility is a prerequisite for inclusion in a society. According to the European Court of Human Rights, to be mobile and to have access to transport, housing, cultural activities, and leisure is a precondition for the ‘right to establish and develop relations with other human beings’, ‘in professional or business contexts as in others’. The CRPD does not establish new rights for persons with disabilities. It is merely thought to identify specific actions that states and others must take to ensure the effectiveness and inclusiveness of all human rights and to protect against discrimination on the basis of disability. However, the fact that there is no equivalent of the right to personal mobility in any other human rights treaty makes it particularly interesting to examine the genesis and meaning of this provision.

Art.10 Right to Life

2018 ◽  
Author(s):  
Nizar Smitha
Keyword(s):  
United Nations ◽  
Human Beings ◽  
Right To Life ◽  
Persons With Disabilities ◽  
Optional Protocol ◽  
United Nations Convention ◽  
Micro Level ◽  
The United Nations ◽  
The Individual ◽  
The Right

This chapter examines Article 10 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which affirms every human being’s right to life. It first explores the efforts made by the drafters of the CRPD to frame the right to life of all human beings. It further examines the wider meaning of the right to life and its application, and traces the interpretation given by the CRPD Committee in its concluding observations. In order to understand the micro-level application of the right, the chapter examines the interpretation and its application by domestic and regional courts. Finally, it explores the individual complaints made under the optional protocol and the consequent interpretation provided. This is done to define the jurisprudence surrounding the right to life and the required measures to strengthen and facilitate its wider application as envisaged under the Convention.

AVOIDANCE FOR FUNDAMENTAL BREACH OF CONTRACT UNDER THE UN CONVENTION ON THE INTERNATIONAL SALE OF GOODS

2010 ◽  
Vol 59 (4) ◽  
pp. 911-940 ◽  
Author(s):  
Michael Bridge
Keyword(s):  
United Kingdom ◽  
United Nations ◽  
Breach Of Contract ◽  
National Courts ◽  
The United Kingdom ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

AbstractThis article deals with the avoidance of contracts for non-performance under the United Nations Convention on the International Sale of Goods 1980, which has been adopted by more than 70 States, though not yet by the United Kingdom. It critically analyzes the text of the Convention, and measures the contributions of national courts for fidelity to the text of the Convention and compatibility with the purposes served by that text.

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