PRAVNE POSLEDICE RASKIDA UGOVORA O MEĐUNARODNOJ PRODAJI ROBE
LEGAL EFFECTS OF THE AVOIDANCE OF THE CONTRACT FOR THE INTERNATIONAL SALE OF GOODS
Author(s): Uroš ZdravkovićSubject(s): Commercial Law
Published by: Institut za uporedno pravo
Keywords: Convention on contracts for the international sale of goods; contract on the international sale of goods; avoidance; legal effects; restitution
Summary/Abstract: The subject of this paper are the legal consequences of the termination of the contract for the international sale of goods under the regime of the UN Convention on Contracts for the International Sale of Goods. The aim of the research is to offer a systematic review of the most significant aspects of the consequences of the termination of the contract for the international sale of goods in the light of the mentioned Convention. The basic premise of the work is based on the fact that the termination of the contract causes serious legal consequences and that the realization of rights and obligations after the termination may be accompanied by numerous legal and factual complications. The research methodology is reflected in the analysis of the relevant provisions of the UN Convention on Contracts for the International Sale of Goods, available judicial and arbitration practices, as well as previous observations of domestic and foreign authors regarding the topic of the work. Based on the provisions of the aforementioned Convention, the contracting parties are released from their obligations after the termination of the contract, with certain exceptions. The Convention also establishes the obligation of restitution, in the sense that any party that has performed the contract in whole or in part, after termination of the contract, may demand the return of what was given from the other party. In addition to these consequences, the seller is obliged to return the money he received from the buyer for the payment of the price for the goods to the buyer and the interest, while the buyer, with certain exceptions, is obliged to return to the seller, when returning the goods, the benefit that he had obtained from goods.
Journal: Strani pravni život
- Issue Year: 68/2024
- Issue No: 3
- Page Range: 339-357
- Page Count: 19
- Language: Serbian