„In the event that the sellers are responsible for the discrepancies and the buyer is eligible within the verification and warranty period provided for at points 15 and 16, the seller, with the buyer`s consent, will acquire the right to one or the following means: 112. CISG, art. 49(2) (b) (ii), 47(2). See Babiak, note 13 above, at 130; see also Flechtner, supra note 40, at 108 n.150. („However, if the purchaser has proceeded through the passport procedure, the reasonable period of time to avoid a violation other than the late delivery begins to run after the execution date set out in the contract notice.“ In certain circumstances, third parties may report a breach of the seller`s warranty or the property guarantee. [123] Thus, the buyer`s failure to notify the seller of third-party claims or rights within a reasonable time may deprive the buyer of his right to avoid the contract. [124] Article 29, paragraph 4 of the FECL allows parties to an insino-foreign commercial contract not only to grant contractual terms in which a party can avoid the contract, but it also applies such contractual provisions by expressly authorizing the circumvention of the contract where the agreed terms are favourable to the revocation of the contract. [222] These terms of application may: 1) allow a party to terminate a contract that is not avoidable under the FECL or the FECL agreement, or 2) prohibit the attempt to terminate a contract that can be avoided by other means under the FECL or the FECL agreement. For example, if a party who commits a „fundamental violation“ under the convention standard or a „serious violation“ under the FECL standard refuses to terminate the contract within a fortnight [255], the victim must find ways to proceed with its unilateral cancellation under the ECL system. If the alleged offence is not „fundamental“ or „serious“ or, in the absence of an offence, the party requesting a notification may, since then, force its retraction if the other party does not respond within a fortnight.
[256] Under the agreement, if a circumvention declaration is valid only if it is made by notification [257], this requirement does not allow the declared party to deny the right to circumvent the contract in the event of a „fundamental breach“ or non-compliance with an ultimatum. [258] The 1993 ECL amendment does not require „immediate notification.“ It merely provides that „one party has the right to inform the other party in due course of the termination of the contract“ in the event of force majeure or non-compliance by the other party. [259] Nor does it ask for a response to the communication.
Neueste Kommentare