Question Q 46-1 What is the crucial diﬀerence between § 439(1) BGB and Art. 46(2) and (3) CISG? Performance of the contract – Art. 46(1) CISG Claim to substitute delivery – Art. 46(2) CISG : Art. 46(1) CISG only grants the buyer the right to require performance of the contract if it has not resorted to a remedy ‘inconsistent with this requirement’. Questions Q 46-2 What remedies could be inconsistent with the right to require performance?

doi:10.4324/9780203945445-127

Chapter

Question Q 46-1 What is the crucial diﬀerence between § 439(1) BGB and Art. 46(2) and (3) CISG? Performance of the contract – Art. 46(1) CISG Claim to substitute delivery – Art. 46(2) CISG

Chapter

ABSTRACT

Art. 46(1) CISG only grants the buyer the right to require performance of the contract if it has not resorted to a remedy ‘inconsistent with this requirement’.

Questions

Q 46-2 What remedies could be inconsistent with the right to require performance?