THE CONCEPT OF THE FUNDAMENTAL BREACH OF CONTRACT IN THE CISG Cover Image

THE CONCEPT OF THE FUNDAMENTAL BREACH OF CONTRACT IN THE CISG
THE CONCEPT OF THE FUNDAMENTAL BREACH OF CONTRACT IN THE CISG

Author(s): Katarina Jovičić
Subject(s): Commercial Law
Published by: Institut za uporedno pravo
Keywords: sale of goods; breach of contract; Vienna convention; the general ground for termination the contract due to its non-performance; concept of fundamental breach of contract

Summary/Abstract: The notion of child labour is well determined by relevant international instruments and it can be said that it is theoretically unquestionable. In practice, however, there are various concerns about how to distinguish legal child work from illegal child labour. Sexual exploitation of children, as well as trafficking in children for further exploitation, are still reality in many countries of the world, although they are characterized as the worst forms of child abuse and incriminated as criminal offenses. In addition, a large share of child labour falls under labour in agriculture and household work – these are forms that are very difficult to perceive, and in some cultures and traditions are practically allowed, regardless of the existing legal prohibitions. There are also different strategies which countries are developing to approach the problem of child labour. The aim of the research is to show that the theoretical framework of the content of child labour is undisputed and that it allows clear distinction of child work from child labour. Also, by examining content and scope of basic legal institutes it can be concluded how an effective system for protecting children from labour exploitation and other forms of illicit engagement should potentially look like.

  • Issue Year: 2018
  • Issue No: 4
  • Page Range: 39-50
  • Page Count: 12
  • Language: English