MATERIJALNOPRAVNI USLOVI ZA RASKID UGOVORA O MEĐUNARODNOJ PRODAJI ROBE OD STRANE KUPCA
SUBSTANTIVE CONDITIONS FOR AVOIDANCE OF CONTRACT ON INTERNATIONAL SALE OF GOODS BY THE BUYER

Summary/Abstract: The subject and purpose of this research is to clarify substantive conditions for avoidance of contract by the buyer under the UN Convention on Contracts for the International Sale of Goods from 1980 (CISG). This topic is important for overall assessment of responsibility of contracting parties for non-performance of their obligations under the contract on international sale of goods. Compared to other remedies for breaching the contract (asking for performance, price reduction and damages), avoidance is the remedy of last resort. The research is based on the texts of the relevant norms of the CISG, available court and arbitration case law, as well as doctrine in the relevant and available Serbian and foreign literature. The substantive conditions for avoidance by the buyer are predominantly regulated in Art. 49 of the CISG. Other relevant provisions are Art. 51 (avoidance in the case of partial performance),Art. 73 (avoidance of instalment contracts) and Art. 82 (which deals with the effect of an aggrieved buyer’s inability to make restitution of goods substantially in the condition in which the buyer received them). The result of research has shown that substantive conditions for avoidance of contract on international sale of goods are complex and layered. Therefore, this topic represents particular challenge, both for practical and theoretical dealing.

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