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Fundamental breach and the CISG: a unique treatment or failed experiment?

Zeller, Bruno (2004) Fundamental breach and the CISG: a unique treatment or failed experiment? The vindobona journal of international commercial law and arbitration, 8 (1). pp. 81-94. ISSN 1439-9741

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Abstract

Builds on and questions suggestions by Koch, who pointed out that academic writing and case law points to several approaches in the application and interpretation of Article 25 CISG. Koch furthermore advocates that pursuant to Article 7, a unified and coherent approach is necessary. The paper also briefly examines the common law approach to fundamental breach, the connection between Article 25 and to Article 8, and a ‘functional’ approach to fundamental breach as opposed to an ‘interpretative’one.

Item Type: Article
Uncontrolled Keywords: law, fundamental breach, CISG, article 25
Subjects: RFCD Classification > 390000 Law, Justice and Law Enforcement
Faculty/School/Research Centre/Department > School of Law
Depositing User: Ms Phung T Tran
Date Deposited: 11 Nov 2008 02:34
Last Modified: 18 Feb 2009 15:24
URI: http://vuir.vu.edu.au/id/eprint/1595
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