Exemption from liability according to the art. 79 of the Convention on International Sale of Goods (CISG)

Exemption from liability according to the art. 79 of the Convention on International Sale of Goods (CISG)

Unlike other international documents with regards to international sale of goods, impediments providing an exemption from liability to the promisor are regulated broadly in Art. 79 of the CISG in order to ensure uniformity, which is the main objective of the Convention. Within this framework, this p...

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Bibliographic Details
Published in:Juridical Tribune - Review of Comparative and International Law Vol. 9; no. 3; pp. 644 - 658
Main Author: Oral, Tugce
Format: Journal Article
Language:English
Published: Bucharest Societatea de Stiinte Juridice si Administrative (the Society of Juridical and Administrative Sciences) 01-12-2019
Subjects:
Conformity
Exemption
Liability
Validity
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Summary:Unlike other international documents with regards to international sale of goods, impediments providing an exemption from liability to the promisor are regulated broadly in Art. 79 of the CISG in order to ensure uniformity, which is the main objective of the Convention. Within this framework, this paper first deals with the sphere of application of Art. 79 CISG followed by the prerequisites for exemption of liability under Art. 79. Evaluating the impediment in this context, it is discussed whether cases of hardship would benefit from the protection provided by the Art. 79 along with cases of force majeure. Subsequently, liability for third persons, temporary impediments, and consequences of exemption are analyzed.
ISSN:3008-637X