Q 62–3 In what way are the seller’s rights to speciﬁc performance restricted? Q 62–4 Why could it be doubted whether Art. 28 CISG applies to the seller’s rights for speciﬁc performance? Q 62–5 To which cases do the SGA and the UCC restrict the seller’s price action? Q 62–6 Which principle governs the seller’s claim for the buyer to take over the goods and pay the purchase price under the UP 2004? Q 62–7 a) Do the PECL provide for a claim for the purchase price? b) Can the buyer be compelled to execute the contract under the PECL? c) In which situations will the seller be deprived of its right to receive the purchase price? Q 62–8 a) Under a comparison of the UP 2004 to the PECL, which solution makes more sense from an international commercial point of view? b) Do you ﬁnd a provision under the CISG from which a general principle may be derived, possibly restricting the seller’s claim to the purchase price?

doi:10.4324/9780203945445-163

Chapter

Q 62–3 In what way are the seller’s rights to speciﬁc performance restricted? Q 62–4 Why could it be doubted whether Art. 28 CISG applies to the seller’s rights for speciﬁc performance? Q 62–5 To which cases do the SGA and the UCC restrict the seller’s price action? Q 62–6 Which principle governs the seller’s claim for the buyer to take over the goods and pay the purchase price under the UP 2004? Q 62–7 a) Do the PECL provide for a claim for the purchase price? b) Can the buyer be compelled to execute the contract under the PECL? c) In which situations will the seller be deprived of its right to receive the purchase price? Q 62–8 a) Under a comparison of the UP 2004 to the PECL, which solution makes more sense from an international commercial point of view? b) Do you ﬁnd a provision under the CISG from which a general principle may be derived, possibly restricting the seller’s claim to the purchase price?

Chapter

Q 62–3 In what way are the seller’s rights to speciﬁc performance restricted? Q 62–4 Why could it be doubted whether Art. 28 CISG applies to the seller’s rights for speciﬁc performance? Q 62–5 To which cases do the SGA and the UCC restrict the seller’s price action? Q 62–6 Which principle governs the seller’s claim for the buyer to take over the goods and pay the purchase price under the UP 2004? Q 62–7 a) Do the PECL provide for a claim for the purchase price? b) Can the buyer be compelled to execute the contract under the PECL? c) In which situations will the seller be deprived of its right to receive the purchase price? Q 62–8 a) Under a comparison of the UP 2004 to the PECL, which solution makes more sense from an international commercial point of view? b) Do you ﬁnd a provision under the CISG from which a general principle may be derived, possibly restricting the seller’s claim to the purchase price?

ABSTRACT

According to Art. 63(1) CISG, the seller may ﬁx an additional period of time of reasonable length to enable the buyer to perform its obligations. It mirrors Art. 47 CISG, which states the buyer’s corresponding right. The purpose of Art. 63(1) CISG is to clarify the situation where the buyer does not comply with its duties under the contract, pursuant to which the seller grants an additional period for the buyer’s performance of its obligations. Art. 63(2) CISG makes it clear that, during this additional period, the seller cannot resort to any remedy that would make the buyer’s performance impossible.