a) Reread C 80-2. b) How do the UP 2004, the BGB, the PECL, and the OR settle that question? c) What other positions could be taken under Art. 80 CISG with regard to that question? Q 80-5 To what extent can the debtor’s failure to perform be caused indirectly? Cf. again C 80-1. Q 80-6 a) Can you think of a situation where the debtor, instead of relying on Art. 80 CISG, will be required to make an eﬀort to overcome the disturbance caused by the creditor? b) On which general principle could such a duty on the debtor be based? Q 80-7 When will the debtor, who was not able to fulﬁl one or several of its contractual duties due to an act or omission of the creditor, be entitled to remedies against the creditor?

doi:10.4324/9780203945445-225

Chapter

a) Reread C 80-2. b) How do the UP 2004, the BGB, the PECL, and the OR settle that question? c) What other positions could be taken under Art. 80 CISG with regard to that question? Q 80-5 To what extent can the debtor’s failure to perform be caused indirectly? Cf. again C 80-1. Q 80-6 a) Can you think of a situation where the debtor, instead of relying on Art. 80 CISG, will be required to make an eﬀort to overcome the disturbance caused by the creditor? b) On which general principle could such a duty on the debtor be based? Q 80-7 When will the debtor, who was not able to fulﬁl one or several of its contractual duties due to an act or omission of the creditor, be entitled to remedies against the creditor?

Chapter

a) Reread C 80-2. b) How do the UP 2004, the BGB, the PECL, and the OR settle that question? c) What other positions could be taken under Art. 80 CISG with regard to that question? Q 80-5 To what extent can the debtor’s failure to perform be caused indirectly? Cf. again C 80-1. Q 80-6 a) Can you think of a situation where the debtor, instead of relying on Art. 80 CISG, will be required to make an eﬀort to overcome the disturbance caused by the creditor? b) On which general principle could such a duty on the debtor be based? Q 80-7 When will the debtor, who was not able to fulﬁl one or several of its contractual duties due to an act or omission of the creditor, be entitled to remedies against the creditor?

ABSTRACT

The claim is therefore based on Art. 2033 [Italian Codice Civile], which orders restitution in the case of a payment made without legal cause. [. . .]

Art. 81(1), sentence 1 CISG states that an avoidance of the contract releases both parties from their contractual obligations, though it does not aﬀect any claims for damages, provisions for the settlement of disputes or other provisions governing the parties’ rights after avoidance of the contract (Art. 81(1), sentence 2). As a matter of course, the avoidance of the contract mentioned in Art. 81(1) CISG must be rightful and eﬀective.