Art. 71 diﬀerentiates between the right to suspend performance (Art. 71(1)) and the right to prevent the handing over of goods where they have already been dispatched (Art. 71(2)). The eﬀect of exercising one or both of these rights is the postponement of the time that the performance of the party exercising such rights becomes due. The contract is in abeyance. Art. 71(1) CISG 71-1 : Art. 71(1) CISG states the creditor’s right to suspend performance of any of its obligations if, after the conclusion of the contract, it becomes apparent that the other party will not perform a substantial part of its obligations and the reason for this is either a serious deﬁciency in its ability to perform or in its creditworthiness (Art. 71(1)(a)), or where its conduct in preparing to perform or in performing the contract indicates that it will not do

doi:10.4324/9780203945445-184

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Art. 71 diﬀerentiates between the right to suspend performance (Art. 71(1)) and the right to prevent the handing over of goods where they have already been dispatched (Art. 71(2)). The eﬀect of exercising one or both of these rights is the postponement of the time that the performance of the party exercising such rights becomes due. The contract is in abeyance. Art. 71(1) CISG 71-1

Chapter

ABSTRACT

Art. 71 diﬀerentiates between the right to suspend performance (Art. 71(1)) and the right to prevent the handing over of goods where they have already been dispatched (Art. 71(2)). The eﬀect of exercising one or both of these rights is the postponement of the time that the performance of the party exercising such rights becomes due. The contract is in abeyance.