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Q 73–7 Art. 73(2) CISG allows for an avoidance of the contract in respect of future instalments where there are ‘good grounds’ to conclude that a fundamental breach will occur with respect to future instalments. Is this probability stand-ard higher or lower than the probability standard in Arts 71 and 72 CISG, respectively? Q 73–8 Compare Art. 73(2) CISG with § 2–612(3) UCC. Are there any differences? Q 73–9 When does Art. 73(2) CISG allow for a return to status quo ante of the entire contract? Q 73–10 Can a breach of secondary obligations amount to a fundamental breach of contract under Art. 73(1), (2) or (3)? Cf. in this regard sub Art. 25 CISG. Q 73–11 a) What are the function and the rationale of Art. 73(3) CISG? b) Consider an example that would give rise to avoidance pursuant to Art. 73(3) CISG. c) Do you find similar solutions within the other legal provisions depicted sub V.?
DOI link for Q 73–7 Art. 73(2) CISG allows for an avoidance of the contract in respect of future instalments where there are ‘good grounds’ to conclude that a fundamental breach will occur with respect to future instalments. Is this probability stand-ard higher or lower than the probability standard in Arts 71 and 72 CISG, respectively? Q 73–8 Compare Art. 73(2) CISG with § 2–612(3) UCC. Are there any differences? Q 73–9 When does Art. 73(2) CISG allow for a return to status quo ante of the entire contract? Q 73–10 Can a breach of secondary obligations amount to a fundamental breach of contract under Art. 73(1), (2) or (3)? Cf. in this regard sub Art. 25 CISG. Q 73–11 a) What are the function and the rationale of Art. 73(3) CISG? b) Consider an example that would give rise to avoidance pursuant to Art. 73(3) CISG. c) Do you find similar solutions within the other legal provisions depicted sub V.?
Q 73–7 Art. 73(2) CISG allows for an avoidance of the contract in respect of future instalments where there are ‘good grounds’ to conclude that a fundamental breach will occur with respect to future instalments. Is this probability stand-ard higher or lower than the probability standard in Arts 71 and 72 CISG, respectively? Q 73–8 Compare Art. 73(2) CISG with § 2–612(3) UCC. Are there any differences? Q 73–9 When does Art. 73(2) CISG allow for a return to status quo ante of the entire contract? Q 73–10 Can a breach of secondary obligations amount to a fundamental breach of contract under Art. 73(1), (2) or (3)? Cf. in this regard sub Art. 25 CISG. Q 73–11 a) What are the function and the rationale of Art. 73(3) CISG? b) Consider an example that would give rise to avoidance pursuant to Art. 73(3) CISG. c) Do you find similar solutions within the other legal provisions depicted sub V.?
ABSTRACT
Q 73-7 Art. 73(2) CISG allows for an avoidance of the contract in respect of future instalments where there are ‘good grounds’ to conclude that a fundamental breach will occur with respect to future instalments. Is this probability standard higher or lower than the probability standard in Arts 71 and 72 CISG, respectively?