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Request For Specific Performance Of Contract In The Additional Period Of Time On The Contracts For International Sale Of Goods

Summary/Abstract: Subject of this paper are important issues raised in connection with request for specific performance of contract in additional period of time in the contract for international sale of goods. Objective that is achieved by its use is to fulfill contractual obligations just as they are predicted in contract, which is in accordance with the principle of contract law pacta sunt servanda. Law systems that regulate this request of creditor as separate remedy bind to it certain legal consequences, the most important being that the creditor, to whom the debtor does not provide fulfillment even in additional period of time, with its expiration acquires the right to terminate the contract in situations where he would not be able to do so because the breach of contract is not so serious and hard to make the law allow the termination. In the other words, the request for specific performance of contract in additional period of time is a step on the path of realisation the right to terminate the contract, which enables complicated international trade disputes to be resolved in a flexible and easy way with avoiding expensive, long and often unpredictable court and arbitration proceedings. These benefits were recognized by numerous national laws which regulate this remedy particulary, as well as by the most important international sources of law for the contract for the international sale of goods and in this paper solutions of Vienna Convention, UNIDROIT Principles of International Commercial Contracts, Principles of European Contract Law and Serbian Law on Obligations are presented.

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