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) The goods are deposited at a warehouse. d) The goods have to be shipped. e) The goods are sold in transitu. f) There is a documentary sales contract. Q 58-4 a) How did the court in C 58–1 explain its ruling that the buyer was not entitled to withhold payment? b) What ought to have been established in order to justify the buyer’s non-payment of the price? c) Why are Certificates of Origin or of Quality not ‘documents controlling the disposition of the goods’? Cf. again C 58–1. Q 58-5 Did the court in C 58–1 address the issue of whether, as long as the Certifi-cates of Origin were incorrect, the buyer could withhold payment, and how does this accord with the view, now maintained by the majority of CISG scholars, that Art. 58(2) CISG embodies a general principle that allows either of the parties to suspend its performance as long as the other party does not fulfil its duties under the contract? Q 58-6 On what does the parties’ right to completely reject the other party’s performance depend?
DOI link for ) The goods are deposited at a warehouse. d) The goods have to be shipped. e) The goods are sold in transitu. f) There is a documentary sales contract. Q 58-4 a) How did the court in C 58–1 explain its ruling that the buyer was not entitled to withhold payment? b) What ought to have been established in order to justify the buyer’s non-payment of the price? c) Why are Certificates of Origin or of Quality not ‘documents controlling the disposition of the goods’? Cf. again C 58–1. Q 58-5 Did the court in C 58–1 address the issue of whether, as long as the Certifi-cates of Origin were incorrect, the buyer could withhold payment, and how does this accord with the view, now maintained by the majority of CISG scholars, that Art. 58(2) CISG embodies a general principle that allows either of the parties to suspend its performance as long as the other party does not fulfil its duties under the contract? Q 58-6 On what does the parties’ right to completely reject the other party’s performance depend?
) The goods are deposited at a warehouse. d) The goods have to be shipped. e) The goods are sold in transitu. f) There is a documentary sales contract. Q 58-4 a) How did the court in C 58–1 explain its ruling that the buyer was not entitled to withhold payment? b) What ought to have been established in order to justify the buyer’s non-payment of the price? c) Why are Certificates of Origin or of Quality not ‘documents controlling the disposition of the goods’? Cf. again C 58–1. Q 58-5 Did the court in C 58–1 address the issue of whether, as long as the Certifi-cates of Origin were incorrect, the buyer could withhold payment, and how does this accord with the view, now maintained by the majority of CISG scholars, that Art. 58(2) CISG embodies a general principle that allows either of the parties to suspend its performance as long as the other party does not fulfil its duties under the contract? Q 58-6 On what does the parties’ right to completely reject the other party’s performance depend?
ABSTRACT
Art. 59 CISG clarifies that the buyer has to pay the price without the need for any notice or compliance with any other formality on behalf of the seller. The seller may have recourse to all the remedies provided under the Convention if the buyer is in default of any of its obligations to pay the price. Furthermore, the interest provided for under Art. 78 CISG begins to accrue as soon as the price becomes due. Art. 59 CISG, although it is often quoted in case law, does not raise any noteworthy difficulties.