Schlechtriem &amp; Schwenzer: Commentary on the UN Convention on the International Sale of Goods

doi:10.1093/law/9780198723264.001.0001

Cited by 30 publications

(1 citation statement)

References 65 publications

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“…Along with the criterion of a reasonable person, during the preparatory works within UNCITRAL for the Vienna Convention, a very crucial issue was whether the term "substantial damage" could be used to assess a fundamental breach of contract (Schlechtriem & Schwenzer, 2016). Consequently, Article 9 of the Draft Convention was formulated as follows: "A breach by one contracting party is fundamental if it results in substantial damage to the other party, and the party committing the breach foresaw or was able to foresee such a consequence" (United Nations Commission on International Trade Law [UNCITRAL], 1977; Perović, 2004;Vilus, 1980, p. 87).…”

Section: Drafting Process Of Article 25 Cisgmentioning

confidence: 99%

Fundamental breach of contract under the UN convention on contracts for the international sale of goods

Tepavac

2023

Pravo - teorija i praksa

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The concept of fundamental breach of contract under the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 1980 plays a pivotal role in determining the legal remedies available to the aggrieved party. It allows for contract termination only in instances where a breach is deemed fundamental. This paper delves into a comprehensive analysis of the institution of fundamental breach of contract and its characteristics, providing insight into how the Convention distinguishes between a fundamental breach and a non-fundamental breach. As a result, it assists in resolving potential uncertainties and dilemmas the aggrieved party might face concerning the choice of legal remedies. The analysis begins with an exploration of the background and drafting process of Article 25 of the Convention. The focus then shifts to an in-depth analysis of the institution of fundamental breach of contract. This covers how and why the distinction between a fundamental breach and a non-fundamental breach emerged, leading up to an intricate examination of all the conditions and features of a fundamental breach of contract, all with the aim of accurately defining this term in line with the provisions of the Convention. The study also encompasses a review of pertinent judicial and arbitral practices, aiding in a better understanding of the practical application and interpretation of the institution of fundamental breach of contract. Special attention is devoted to analyzing how the aggrieved party can be confident in its right to terminate the contract and how to sidestep potential hazards and consequences of an unjustified termination. Through a detailed review of the Convention's provisions and both judicial and arbitral practices, this paper offers a succinct insight into the institution of fundamental breach of contract in the context of international sales of goods. It investigates how contracting parties can safeguard themselves and how they can act in accordance with the rights and obligations stipulated by the Convention.

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Section: Drafting Process Of Article 25 Cisgmentioning

confidence: 99%

Fundamental breach of contract under the UN convention on contracts for the international sale of goods

Tepavac

2023

Pravo - teorija i praksa

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The Mandatory Nature of the Geneva Convention

Tincani

2022

Law for Professionals

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Shenzhen Fengshen Industrial Development Co., Ltd v France Eurasian International Technology Development Co., Ltd

Wang

Zhang

Guo

2022

Selected Chinese Cases on the CISG

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Intent is defined for understanding spoken language in existing works. Both textual features and acoustic features involved in medical speech contain intent, which is important for symptomatic diagnosis. In this paper, we propose a medical speech classification model named DRSC that automatically learns to disentangle intent and content representations from textual-acoustic data for classification. The intent representations of the text domain and the Mel-spectrogram domain are extracted via intent encoders, and then the reconstructed text feature and the Mel-spectrogram feature are obtained through two exchanges. After combining the intent from two domains into a joint representation, the integrated intent representation is fed into a decision layer for classification. Experimental results show that our model obtains an average accuracy rate of 95% in detecting 25 different medical symptoms.

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Schlechtriem & Schwenzer: Commentary on the UN Convention on the International Sale of Goods

Cited by 30 publications

References 65 publications

Fundamental breach of contract under the UN convention on contracts for the international sale of goods

Fundamental breach of contract under the UN convention on contracts for the international sale of goods

The Mandatory Nature of the Geneva Convention

Shenzhen Fengshen Industrial Development Co., Ltd v France Eurasian International Technology Development Co., Ltd

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