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Particular Cases When the Contract Can be Terminated According to Vienna Convention

Summary/Abstract: Termination of the contract is a remedy that affects the contract on the hardest way and it is allowed, subject to certain limitations and conditions, in the legal regime of the Vienna Convention on Contracts for the International Sale of Goods. The most important requirement that must be fulfilled for the creditor to gain this right is that the debtor breached the contract so seriously and severely that his actions fit into the concept of fundamental breach of contract. This general rule applies to all breaches of contract, but the termination of contract can be achieved in certain cases independently of the concept of fundamental breach of contract. Within context of specific subtitles in this work the conditions for termination the contract are specified and analyzed in situation where that right acquires the buyer, because of the seller’s breach of his characteristic contractual obligations, and when that right is acquired by the seller, on the basis of typical breach of contract by the buyer. In conclusion, it is noted that it is in the creditor’s interest that, before deciding to begin with the procedure of realization of termination the contract, analyze the existing situation in detailed manner and comprehensively because he cannot always be sure that he will be able to finish that procedure successfully.

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