نوع مقاله : مقاله پژوهشی
دانشجوی دکتری حقوق تجارت و سرمایه گذاری بین الملی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
عنوان مقاله [English]
CISG has provided various types of Remedies for breach of contract. In this article, one of the most important remedies, namely avoidance of the contract, has been investigated. In international contracts, avoidance has many adverse effects and consequences for the infringing party. On the other hand, maintaining and enforcing the contract is accepted as a principle accepted in the legal systems and CISG, so the use of this remedies is limited to specific and special conditions. Sometimes, according to the circumstances prevailing in the contract, it is possible to anticipate a breach of contract before the due date. In this regard, the Convention provides for the institution of Anticipatory Breach and provides for a remedy of suspension or avoidance of the contract. An examination of the avoidance of installment contracts is another issue. The theory of the Consultative Council of the Convention on the International Sale of Goods, a comparative study of the legal systems and laws of foreign countries, the use of the opinions of foreign courts and international arbitration courts, the statement of the position of the principles of international commercial contracts (UNIDROIT) and the principles of European contract law, has special position in this article.