Q 75-4 What is the consequence if there is a signiﬁcant diﬀerence between the contract price and the price in the substitute transaction? Q 75-5 a) Is there a guideline as to what constitutes a reasonable time? b) When will the reasonable time begin to run? Cf. C 75–4. Q 75-6 a) Compared to corresponding legal provisions from other legal systems, does Art. 75 constitute a generally acknowledged rule? b) Do the domestic legal provisions also require a termination of the contract prior to the cover transaction? c) What diﬀerence is apparent when comparing Art. 75 CISG with Art. 1144 CC, and which solution is more suited to the practical needs of international commerce?

doi:10.4324/9780203945445-207

Chapter

Q 75-4 What is the consequence if there is a signiﬁcant diﬀerence between the contract price and the price in the substitute transaction? Q 75-5 a) Is there a guideline as to what constitutes a reasonable time? b) When will the reasonable time begin to run? Cf. C 75–4. Q 75-6 a) Compared to corresponding legal provisions from other legal systems, does Art. 75 constitute a generally acknowledged rule? b) Do the domestic legal provisions also require a termination of the contract prior to the cover transaction? c) What diﬀerence is apparent when comparing Art. 75 CISG with Art. 1144 CC, and which solution is more suited to the practical needs of international commerce?

Chapter

Q 75-4 What is the consequence if there is a signiﬁcant diﬀerence between the contract price and the price in the substitute transaction? Q 75-5 a) Is there a guideline as to what constitutes a reasonable time? b) When will the reasonable time begin to run? Cf. C 75–4. Q 75-6 a) Compared to corresponding legal provisions from other legal systems, does Art. 75 constitute a generally acknowledged rule? b) Do the domestic legal provisions also require a termination of the contract prior to the cover transaction? c) What diﬀerence is apparent when comparing Art. 75 CISG with Art. 1144 CC, and which solution is more suited to the practical needs of international commerce?

ABSTRACT

Art. 1144 CC, and which solution is more suited to the practical needs of international commerce?

(1) If the contract is avoided and there is a current price for the goods, the party claiming damages may, if he has not made a purchase or resale under article 75, recover the diﬀerence between the price ﬁxed by the contract and the current price at the time of avoidance as well as any further damages recoverable under article 74. If, however, the party claiming damages has avoided the contract after taking over the goods, the current price at the time of such taking over shall be applied instead of the current price at the time of avoidance.