International Journal of Advanced Studies in Humanities and Social Science

h-index: 15     i10-index: 21

Impossibility of Performance of Contract in the United Nations Convention on Contracts for the International Sale of Goods

Document Type : Original Article

Authors

Hamid Reza Salehi 1
Narges Baqeri-Motlaq 2

1 Department of Law, Payame Noor University, Tehran, Iran

2 Ph.D Candidate at Faculty of Law, Shahid Beheshti University, Tehran, Iran

Abstract
The Impossibility of performance of the contract as an exemption from liability, arising from the breach of contract, is an issue which is discussed in the sale contracts. International Sale of Goods which is enacted in 1980, discusses the matter in its Article 79. The CISG abstains to use such terms as Frustration and Force majeure which are used in national legal systems. This prevention of using such terms thought to be the way that CISG keeps itself independence from national legal systems. As a result the CISG ordains its specific terms and conditions to set up the exemption for damages arising from the breach of contract by the person who has faced impediments and breached the contract. This research studies different aspects of the impossibility of performance of contract in The Convention on the International Sale of Goods, therefore not only it presents the concept and bases of occurrence of the Force majeure, it discusses applicable examples such as sanctions and changes in regulations as Force majeure.

Keywords

Force majeure
CISG
Impossibility of performance
Contract
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International Journal of Advanced Studies in Humanities and Social Science
Volume 4, Issue 3
Summer 2015
Pages 185-196

  • Receive Date 05 March 2019

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