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right to avoid the contract if it does not declare so within a reasonable period of time starting from the moment when the seller knew or ought to have known of the breach (Art. 64(2)(b)(i)) or, where an additional period of time was fixed (Art. 63), following the expiration of that additional period (Art. 64(2)(b)(ii)). Questions Q 64-1 In which cases is the seller entitled to avoid the contract? Q 64-2 a) Does the buyer’s mere non-payment of the purchase price allow the seller to avoid the contract? Cf. also C 64-1. b) Can a definite refusal to pay or take over the goods constitute a funda-mental breach? c) Does the buyer’s failure to take over the goods entitle the seller to avoid the contract? Cf. again C 64-2. Q 64-3 a) May the buyer’s violation of obligations other than the ones mentioned in Art. 64(1)(b) CISG constitute a fundamental breach of contract? Cf. again C 64-3. b) If the seller has doubts as to whether such a breach amounts to a funda-mental one, what can it do in order to clarify the situation? Q 64-4 a) What must a seller, who does not receive payment or whose goods are not taken over in time, do with a view to obtaining the right to avoid the contract? b) If the buyer does not comply with its duties other than to make payment and take over the goods, will an additional period of time (Art. 63) automatically enable the seller to avoid the contract? Under which pre-conditions will the seller be entitled to terminate the contract? Cf. also C 64-2. Q 64-5 a) Which duties does the buyer’s obligation to make payment include? b) How broad must the scope of the duties connected to the obligation to take over the goods be construed? Cf. Art. 54 CISG. Q 64-6 How are Art. 64(2)(a) and Art. 64(2)(b) CISG to be distinguished? Q 64-7 Decide whether the seller can avoid or has justifiably avoided the contract in the following situations: a) Buyer has not paid timely, seller has fixed a reasonable additional period
DOI link for right to avoid the contract if it does not declare so within a reasonable period of time starting from the moment when the seller knew or ought to have known of the breach (Art. 64(2)(b)(i)) or, where an additional period of time was fixed (Art. 63), following the expiration of that additional period (Art. 64(2)(b)(ii)). Questions Q 64-1 In which cases is the seller entitled to avoid the contract? Q 64-2 a) Does the buyer’s mere non-payment of the purchase price allow the seller to avoid the contract? Cf. also C 64-1. b) Can a definite refusal to pay or take over the goods constitute a funda-mental breach? c) Does the buyer’s failure to take over the goods entitle the seller to avoid the contract? Cf. again C 64-2. Q 64-3 a) May the buyer’s violation of obligations other than the ones mentioned in Art. 64(1)(b) CISG constitute a fundamental breach of contract? Cf. again C 64-3. b) If the seller has doubts as to whether such a breach amounts to a funda-mental one, what can it do in order to clarify the situation? Q 64-4 a) What must a seller, who does not receive payment or whose goods are not taken over in time, do with a view to obtaining the right to avoid the contract? b) If the buyer does not comply with its duties other than to make payment and take over the goods, will an additional period of time (Art. 63) automatically enable the seller to avoid the contract? Under which pre-conditions will the seller be entitled to terminate the contract? Cf. also C 64-2. Q 64-5 a) Which duties does the buyer’s obligation to make payment include? b) How broad must the scope of the duties connected to the obligation to take over the goods be construed? Cf. Art. 54 CISG. Q 64-6 How are Art. 64(2)(a) and Art. 64(2)(b) CISG to be distinguished? Q 64-7 Decide whether the seller can avoid or has justifiably avoided the contract in the following situations: a) Buyer has not paid timely, seller has fixed a reasonable additional period
right to avoid the contract if it does not declare so within a reasonable period of time starting from the moment when the seller knew or ought to have known of the breach (Art. 64(2)(b)(i)) or, where an additional period of time was fixed (Art. 63), following the expiration of that additional period (Art. 64(2)(b)(ii)). Questions Q 64-1 In which cases is the seller entitled to avoid the contract? Q 64-2 a) Does the buyer’s mere non-payment of the purchase price allow the seller to avoid the contract? Cf. also C 64-1. b) Can a definite refusal to pay or take over the goods constitute a funda-mental breach? c) Does the buyer’s failure to take over the goods entitle the seller to avoid the contract? Cf. again C 64-2. Q 64-3 a) May the buyer’s violation of obligations other than the ones mentioned in Art. 64(1)(b) CISG constitute a fundamental breach of contract? Cf. again C 64-3. b) If the seller has doubts as to whether such a breach amounts to a funda-mental one, what can it do in order to clarify the situation? Q 64-4 a) What must a seller, who does not receive payment or whose goods are not taken over in time, do with a view to obtaining the right to avoid the contract? b) If the buyer does not comply with its duties other than to make payment and take over the goods, will an additional period of time (Art. 63) automatically enable the seller to avoid the contract? Under which pre-conditions will the seller be entitled to terminate the contract? Cf. also C 64-2. Q 64-5 a) Which duties does the buyer’s obligation to make payment include? b) How broad must the scope of the duties connected to the obligation to take over the goods be construed? Cf. Art. 54 CISG. Q 64-6 How are Art. 64(2)(a) and Art. 64(2)(b) CISG to be distinguished? Q 64-7 Decide whether the seller can avoid or has justifiably avoided the contract in the following situations: a) Buyer has not paid timely, seller has fixed a reasonable additional period
ABSTRACT
right to avoid the contract if it does not declare so within a reasonable period of time starting from the moment when the seller knew or ought to have known of the breach (Art. 64(2)(b)(i)) or, where an additional period of time was fixed (Art. 63), following the expiration of that additional period (Art. 64(2)(b)(ii)).