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    EFFECTS OF AVOIDANCE: Perspectives from the CISG, UNIDROIT Principles and PECL and case law by Chengwei Liu

    Published 2005-01-01
    “…Under the United Nations Convention on Contracts for the International Sale of Goods (1980; “CISG” or “Convention”), the effects of avoidance are described in Arts. 81 to 84, four articles of unequal importance dealing with the consequences which result from a declaration of avoidance accomplished by a party in accordance with the conditions set forth in CISG Arts. 49, 51, 64, 72 and 73.2 Among the four, Art. 81 states the basic consequences of avoidance,3 while Arts. 82 to 84 give “detailed rules for implementing certain aspects” of Art. 81.4 From the outset, it is to be made clear that the Convention does not apply to “consensual avoidance” – i.e., termination of the contract that occurs where the parties have, by mutual consent, agreed to cancel the contract and to release each other from contractual obligations – but rather is properly limited to cases where one party “unilaterally” avoids the contract because of a breach by the other party.5 Avoidance is the process through which an aggrieved party, by notice to the other side, terminates the contractual obligations of the parties. …”
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  19. 579

    EFFECTS OF AVOIDANCE: Perspectives from the CISG, UNIDROIT Principles and PECL and case law by Chengwei Liu

    Published 2005-01-01
    “…Under the United Nations Convention on Contracts for the International Sale of Goods (1980; “CISG” or “Convention”), the effects of avoidance are described in Arts. 81 to 84, four articles of unequal importance dealing with the consequences which result from a declaration of avoidance accomplished by a party in accordance with the conditions set forth in CISG Arts. 49, 51, 64, 72 and 73.2 Among the four, Art. 81 states the basic consequences of avoidance,3 while Arts. 82 to 84 give “detailed rules for implementing certain aspects” of Art. 81.4 From the outset, it is to be made clear that the Convention does not apply to “consensual avoidance” – i.e., termination of the contract that occurs where the parties have, by mutual consent, agreed to cancel the contract and to release each other from contractual obligations – but rather is properly limited to cases where one party “unilaterally” avoids the contract because of a breach by the other party.5 Avoidance is the process through which an aggrieved party, by notice to the other side, terminates the contractual obligations of the parties. …”
    Get full text
    Article
  20. 580