Release of the debtor from liability for violation of the contract for the international sale of goods Cover Image

Zwolnienie dłużnika od odpowiedzialności za naruszenie umowy międzynarodowej sprzedaży towarów
Release of the debtor from liability for violation of the contract for the international sale of goods

Author(s): Jacek Napierała
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: debtor; civil liability; international convention; sale; goods

Summary/Abstract: The debtor relief convention takes into account both objective and subjective elements. However, this institution is autonomous in nature. It is therefore useless to try to explain it by referring to the category of force majeure or fault in its objective version. Sharing this thesis, the author draws attention to two points: firstly, it is impossible not to see in the regulation of the Convention a resemblance to the category of unforeseen occurrence developed in the practice of Polish state economic arbitration. Secondly, non-normative models developed for international exchange, namely: a) the UNIDRIT Principles of International commercial contracts; b) the Principles of European Contract Law, do not replicate the Convention’s solution.

  • Issue Year: 1997
  • Issue No: 3-4
  • Page Range: 5-31
  • Page Count: 27
  • Language: Polish