A Survey of the Fundamental Breach of Contracts in the International Sales
Subject Areas : Journal of Law and Politics
مجتبی Zahedian
1
(ندارد)
Keywords: Contracts for the Internationa, Breach of
, 
, Contract, Avoidance of the Contract, Fundamental Breach of Contract, Material Breach of Contract,
Abstract :
The United Nations Convention on Contracts for theInternational Sale of Goods is Widely recognized as a landmark effortto harmonize laws governing international transactions. The author ‘ssearching in many contracts, cases, the convention itself has reviewedthe problem of breaching such a contract. He considers that, a breachof contract committed by one of the parties is fundamental if it resultsin such detriment to the other party as substantially to deprive himof what he is entitled to expect under the Contract. Citing the matterin a judicial manner, he believes that the remedies which have beenprovided for the parties in this convention, have been made subject tospecific restrictions. In this regard he reaches the conclusion that theparties must have the right to declare the Contract avoided and in themeanwhile to claim for damages, too.
