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![Q 79-18 Numerous decisions state that the party relying on Art. 79 CISG bears the burden of proof. This is expressly laid down in the wording of Art. 79(1) CISG: ‘[. . .] if he proves that the failure [to perform] was due to an impedi-ment beyond his control [. . .]’. Which general principle can be drawn from this provision? Q 79-19 a) If one of the parties can successfully rely on Art. 79 CISG, does this hinder the other party in exercising any right other than claiming damages, in particular, the right to claim performance? b) Compare your result under the CISG with the situation under the domestic law provisions. Which differences do you see?](https://images.tandf.co.uk/common/jackets/crclarge/978020394/9780203945445.jpg "Q 79-18 Numerous decisions state that the party relying on Art. 79 CISG bears the burden of proof. This is expressly laid down in the wording of Art. 79(1) CISG: ‘[. . .] if he proves that the failure [to perform] was due to an impedi-ment beyond his control [. . .]’. Which general principle can be drawn from this provision? Q 79-19 a) If one of the parties can successfully rely on Art. 79 CISG, does this hinder the other party in exercising any right other than claiming damages, in particular, the right to claim performance? b) Compare your result under the CISG with the situation under the domestic law provisions. Which differences do you see?")
Chapter
Q 79-18 Numerous decisions state that the party relying on Art. 79 CISG bears the burden of proof. This is expressly laid down in the wording of Art. 79(1) CISG: ‘[. . .] if he proves that the failure [to perform] was due to an impedi-ment beyond his control [. . .]’. Which general principle can be drawn from this provision? Q 79-19 a) If one of the parties can successfully rely on Art. 79 CISG, does this hinder the other party in exercising any right other than claiming damages, in particular, the right to claim performance? b) Compare your result under the CISG with the situation under the domestic law provisions. Which differences do you see?
DOI link for Q 79-18 Numerous decisions state that the party relying on Art. 79 CISG bears the burden of proof. This is expressly laid down in the wording of Art. 79(1) CISG: ‘[. . .] if he proves that the failure [to perform] was due to an impedi-ment beyond his control [. . .]’. Which general principle can be drawn from this provision? Q 79-19 a) If one of the parties can successfully rely on Art. 79 CISG, does this hinder the other party in exercising any right other than claiming damages, in particular, the right to claim performance? b) Compare your result under the CISG with the situation under the domestic law provisions. Which differences do you see?
Q 79-18 Numerous decisions state that the party relying on Art. 79 CISG bears the burden of proof. This is expressly laid down in the wording of Art. 79(1) CISG: ‘[. . .] if he proves that the failure [to perform] was due to an impedi-ment beyond his control [. . .]’. Which general principle can be drawn from this provision? Q 79-19 a) If one of the parties can successfully rely on Art. 79 CISG, does this hinder the other party in exercising any right other than claiming damages, in particular, the right to claim performance? b) Compare your result under the CISG with the situation under the domestic law provisions. Which differences do you see?
ABSTRACT
Q 79-18 Numerous decisions state that the party relying on Art. 79 CISG bears the burden of proof. This is expressly laid down in the wording of Art. 79(1) CISG: ‘[. . .] if he proves that the failure [to perform] was due to an impediment beyond his control [. . .]’. Which general principle can be drawn from this provision?
