right to require performance of a contract. Due to the fundamentally diﬀerent principles on this topic under the diﬀerent national legal systems, allowing reference to domestic law was considered the only compromise that enabled all diverging views to be given due regard. This clause does, however, act against the CISG’s aim of harmonisation of international sales law, since Art. 28 CISG permits the use of national limitations. 4. International principles As apparent, the reference to national law in Art. 28 CISG presents considerable problems for the development of a ‘uniform law’ in this area, due not in the least to the fact that the law in this area, more so than other areas, diﬀers quite considerably between diﬀerent legal systems. In Arts 7.2.1 and 7.2.2 UP 2004 and Arts 9:101 and 9:102 PECL, an attempt was made to ﬁnd a uniform solution to the problem of speciﬁc performance under the diﬀerent legal systems.

doi:10.4324/9780203945445-88

Chapter

right to require performance of a contract. Due to the fundamentally diﬀerent principles on this topic under the diﬀerent national legal systems, allowing reference to domestic law was considered the only compromise that enabled all diverging views to be given due regard. This clause does, however, act against the CISG’s aim of harmonisation of international sales law, since Art. 28 CISG permits the use of national limitations. 4. International principles As apparent, the reference to national law in Art. 28 CISG presents considerable problems for the development of a ‘uniform law’ in this area, due not in the least to the fact that the law in this area, more so than other areas, diﬀers quite considerably between diﬀerent legal systems. In Arts 7.2.1 and 7.2.2 UP 2004 and Arts 9:101 and 9:102 PECL, an attempt was made to ﬁnd a uniform solution to the problem of speciﬁc performance under the diﬀerent legal systems.

Chapter

right to require performance of a contract. Due to the fundamentally diﬀerent principles on this topic under the diﬀerent national legal systems, allowing reference to domestic law was considered the only compromise that enabled all diverging views to be given due regard. This clause does, however, act against the CISG’s aim of harmonisation of international sales law, since Art. 28 CISG permits the use of national limitations. 4. International principles As apparent, the reference to national law in Art. 28 CISG presents considerable problems for the development of a ‘uniform law’ in this area, due not in the least to the fact that the law in this area, more so than other areas, diﬀers quite considerably between diﬀerent legal systems. In Arts 7.2.1 and 7.2.2 UP 2004 and Arts 9:101 and 9:102 PECL, an attempt was made to ﬁnd a uniform solution to the problem of speciﬁc performance under the diﬀerent legal systems.

ABSTRACT

Art. 7.2.1 UP 2004: Where a party who is obliged to pay money does not do so, the other party may require payment.

Art. 7.2.2 UP 2004: Where a party who owes an obligation other than one to pay money does not perform, the other party may require performance, unless (a) performance is impossible in law or in fact; (b) performance or, where relevant, enforcement is unreasonably burdensome or

expensive; (c) the party entitled to performance may reasonably obtain performance from

another source; (d) performance is of an exclusively personal character; or (e) the party entitled to performance does not require performance within

a reasonable time after it has, or ought to have, become aware of the non-performance.