WAR, SANCTIONS AND EXEMPTION FROM LIABILITY UNDER CONTRACTS FALLING WITHIN THE SCOPE OF THE CISG
WAR, SANCTIONS AND EXEMPTION FROM LIABILITY UNDER CONTRACTS FALLING WITHIN THE SCOPE OF THE CISG
Author(s): Iryna DikovskaSubject(s): International Law, Law on Economics, EU-Legislation, Commercial Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: CISG; force majeure; hardship; war; sanctions; notification of force majeure
Summary/Abstract: This article analyses the circumstances in which war or sanctions preventing the fulfilment of a contract covered by the CISG entitle the parties to exemption from liability for a contractual breach. It addresses how contractual provisions relate to Article 79 of the CISG. It also focuses on the interpretation of contractual provisions exempting parties from liability for breach of contracts covered by the CISG. It reveals the conditions under which war and sanctions may constitute the grounds for exemption from liability under Article 79 of the CISG in cases in which a buyer or seller has relied on performance by a third party. Finally, the paper addresses the issue of a notification of impediment by the party in breach.
Journal: Studia Iuridica
- Issue Year: 2024
- Issue No: 105
- Page Range: 7-20
- Page Count: 14
- Language: English