Practical use Art. 79 CISG is raised quite frequently in case law, albeit with limited success. Often, courts or tribunals fail to clearly deﬁne in their decisions which of the requirements of Art. 79 CISG is not fulﬁlled, whether the event is not regarded as an impediment, whether the impediment was not beyond the party’s control, or whether the impediment was foreseeable or possible to overcome. Comparison with provisions from other legal systems

doi:10.4324/9780203945445-220

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Practical use Art. 79 CISG is raised quite frequently in case law, albeit with limited success. Often, courts or tribunals fail to clearly deﬁne in their decisions which of the requirements of Art. 79 CISG is not fulﬁlled, whether the event is not regarded as an impediment, whether the impediment was not beyond the party’s control, or whether the impediment was foreseeable or possible to overcome. Comparison with provisions from other legal systems

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ABSTRACT

PECL Art. 6:111. (1) A party is bound to fulﬁl its obligations even if performance has become more onerous, whether because the cost of performance has increased or because the value of the performance it receives has diminished. (2) If, however, performance of the contract becomes excessively onerous because of a change of circumstances, the parties are bound to enter into negotiations with a view to adapting the contract or terminating it, provided that: (a) the change of circumstances occurred after the time of conclusion of the

contract, (b) the possibility of a change of circumstances was not one which could reason-

ably have been taken into account at the time of conclusion of the contract, and

(c) the risk of the change of circumstances is not one which, according to the contract, the party affected should be required to bear.