Q 71-8 Art. 71(3) CISG requires immediate notice of the conforming party’s suspension of performance. a) In what form must the notice be given? Cf. thereto sub Articles 11, 27 CISG. b) What are possible consequences if the conforming party does not give the required notice? Cf. on the one hand C 71-2, on the other hand C 71-3. c) Which of the two positions do you ﬁnd more convincing? Q 71-9 a) What kind of securities may be given under Art. 71(3) CISG? b) What are the consequences if no security is provided? In particular, what factors will be relevant in determining whether the conforming party is entitled to avoid the contract? c) Compare the position under the CISG with the corresponding provisions in the UP 2004, the PECL, and § 2–609(4) UCC. • What are the diﬀerences? • What seems more plausible to you?

doi:10.4324/9780203945445-186

Chapter

Q 71-8 Art. 71(3) CISG requires immediate notice of the conforming party’s suspension of performance. a) In what form must the notice be given? Cf. thereto sub Articles 11, 27 CISG. b) What are possible consequences if the conforming party does not give the required notice? Cf. on the one hand C 71-2, on the other hand C 71-3. c) Which of the two positions do you ﬁnd more convincing? Q 71-9 a) What kind of securities may be given under Art. 71(3) CISG? b) What are the consequences if no security is provided? In particular, what factors will be relevant in determining whether the conforming party is entitled to avoid the contract? c) Compare the position under the CISG with the corresponding provisions in the UP 2004, the PECL, and § 2–609(4) UCC. • What are the diﬀerences? • What seems more plausible to you?

Chapter

Q 71-8 Art. 71(3) CISG requires immediate notice of the conforming party’s suspension of performance. a) In what form must the notice be given? Cf. thereto sub Articles 11, 27 CISG. b) What are possible consequences if the conforming party does not give the required notice? Cf. on the one hand C 71-2, on the other hand C 71-3. c) Which of the two positions do you ﬁnd more convincing? Q 71-9 a) What kind of securities may be given under Art. 71(3) CISG? b) What are the consequences if no security is provided? In particular, what factors will be relevant in determining whether the conforming party is entitled to avoid the contract? c) Compare the position under the CISG with the corresponding provisions in the UP 2004, the PECL, and § 2–609(4) UCC. • What are the diﬀerences? • What seems more plausible to you?

ABSTRACT

Art. 72 CISG allows the party that is confronted with an anticipatory fundamental breach of contract to declare the contract avoided. A similar provision was found in Art. 76 ULIS, which was originally modelled on the Anglo-American rule of ‘anticipatory breach of contract’ (§ 2-610 UCC). Art. 72 CISG is an expedient rule, since it allows a reaction to impending non-performance and, as the case may be, enables the conforming party to free itself from a hapless contract at an early stage.