International Conference on Eurasian Economies
9-11 September 2015 – Kazan, RUSSIA
Paper detail
Paper ID : 1258
Status : Paper published
Language : Turkish
Topic : Law
Presenter: Prof. Dr. Mustafa Topaloğlu
Session : 3D Hukuk II
Avoidance of the Contract at International Sales of Goods
Milletlerarası Mal Satımlarında Sözleşmeden Dönme
- Prof. Dr. Mustafa Topaloğlu (Özyeğin University, Türkiye)
Abstract
Avoidance the Contract is a kind of legal system arrangement which is adopted as a private law enforcement applied effortlessly, in the context of not to be performed delivery of goods in accordance with the contract. Merely, International Tendency in 20th century have fronted that avoidance of the contract is the “ultimum remedium” in the case of any breach of the contract. In several of modern sale law systems, for instance in German Law and Scandinavian Law systems, avoidance of the contract is a process which should be applied in the case of other enforcements are inadequate. The “Convention on International Sale of Goods (CISG)” which has stipulated the same solution way, has an important role in the formation of this modern tendency mentioned below. In accordance with the CISG enforcement of avoidance of the contract shall be exercised in the case of essential breach of the contract. Besides, In case of insubstantial breaches, the buyer is enabled to refer a possibility “the avoidance of the contract” as if the breach is a kind of material breach of the contract by giving additional period to the seller who the party in breach. Despite the additional period of time fixed him, in the case of the seller does not perform delivery of the goods the buyer shall have the right to avoidance of the contract.
JEL codes: K33, K30
Topaloğlu, Mustafa (2015). "Avoidance of the Contract at International Sales of Goods" in Proceedings of International Conference of Eurasian Economies 2015, pp.615-619, Kazan, RUSSIA.
DOI: https://doi.org/10.36880/C06.01258
