Exemption from liability according to the art. 79 of the Convention on International Sale of Goods (CISG)
Unlike other international documents with regards to international sale of goods, impediments providing an exemption from liability to the promisor are regulated broadly in Art. 79 of the CISG in order to ensure uniformity, which is the main objective of the Convention. Within this framework, this p...
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| Format: | Article |
| Language: | English |
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Bucharest University of Economic Studies
2019-12-01
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| Series: | Juridical Tribune |
| Subjects: | |
| Online Access: | http://tribunajuridica.eu/arhiva/An9v3/12.%20Tugce%20Oral.pdf |
| _version_ | 1797219145314467840 |
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| author | Tugce Oral |
| author_facet | Tugce Oral |
| author_sort | Tugce Oral |
| collection | DOAJ |
| description | Unlike other international documents with regards to international sale of goods, impediments providing an exemption from liability to the promisor are regulated broadly in Art. 79 of the CISG in order to ensure uniformity, which is the main objective of the Convention. Within this framework, this paper first deals with the sphere of application of Art. 79 CISG followed by the prerequisites for exemption of liability under Art. 79.
Evaluating the impediment in this context, it is discussed whether cases of hardship would benefit from the protection provided by the Art. 79 along with cases of force majeure. Subsequently, liability for third persons, temporary impediments, and consequences of exemption are analyzed. |
| first_indexed | 2024-04-24T12:28:59Z |
| format | Article |
| id | doaj.art-ccdb9792594c49e390c50cf225c99b31 |
| institution | Directory Open Access Journal |
| issn | 2247-7195 2248-0382 |
| language | English |
| last_indexed | 2024-04-24T12:28:59Z |
| publishDate | 2019-12-01 |
| publisher | Bucharest University of Economic Studies |
| record_format | Article |
| series | Juridical Tribune |
| spelling | doaj.art-ccdb9792594c49e390c50cf225c99b312024-04-08T07:42:57ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822019-12-0193644658Exemption from liability according to the art. 79 of the Convention on International Sale of Goods (CISG)Tugce Oral0Faculty of Law, Ankara University, TurkeyUnlike other international documents with regards to international sale of goods, impediments providing an exemption from liability to the promisor are regulated broadly in Art. 79 of the CISG in order to ensure uniformity, which is the main objective of the Convention. Within this framework, this paper first deals with the sphere of application of Art. 79 CISG followed by the prerequisites for exemption of liability under Art. 79. Evaluating the impediment in this context, it is discussed whether cases of hardship would benefit from the protection provided by the Art. 79 along with cases of force majeure. Subsequently, liability for third persons, temporary impediments, and consequences of exemption are analyzed.http://tribunajuridica.eu/arhiva/An9v3/12.%20Tugce%20Oral.pdfexemption from liabilityart. 79 cisgforce majeurehardshipexemption under cisg. |
| spellingShingle | Tugce Oral Exemption from liability according to the art. 79 of the Convention on International Sale of Goods (CISG) Juridical Tribune exemption from liability art. 79 cisg force majeure hardship exemption under cisg. |
| title | Exemption from liability according to the art. 79 of the Convention on International Sale of Goods (CISG) |
| title_full | Exemption from liability according to the art. 79 of the Convention on International Sale of Goods (CISG) |
| title_fullStr | Exemption from liability according to the art. 79 of the Convention on International Sale of Goods (CISG) |
| title_full_unstemmed | Exemption from liability according to the art. 79 of the Convention on International Sale of Goods (CISG) |
| title_short | Exemption from liability according to the art. 79 of the Convention on International Sale of Goods (CISG) |
| title_sort | exemption from liability according to the art 79 of the convention on international sale of goods cisg |
| topic | exemption from liability art. 79 cisg force majeure hardship exemption under cisg. |
| url | http://tribunajuridica.eu/arhiva/An9v3/12.%20Tugce%20Oral.pdf |
| work_keys_str_mv | AT tugceoral exemptionfromliabilityaccordingtotheart79oftheconventiononinternationalsaleofgoodscisg |