The paper deals with
avoidance of a contract of sale after the maturity of the parties' obligations
under the UN Convention on the International Sale of Goods (The Vienna Convention).
The Vienna Convention is a multilateral treaty establishing a unified legal
regime for cross-border sales of goods, which form the backbone of
international trade. The Vienna Convention is therefore considered to be one of
the fundamental conventions of international commercial law, that is in force
in 93 countries from all legal traditions and levels of economic development, which
together represent more than two thirds of the global economy, which has
greatly contributed to the harmonization of international trade law and the
increase degree of legal certainty in international trade. In an effort to be
acceptable to different legal systems, the Vienna Convention has largely deviated from the solutions of national rights
and legal circles and created autonomous concepts and solutions. Special
creative solutions were foreseen for the avoidance of the contract. The paper
specifically analyzes avoidance in case of fundamental breach of contract,
avoidance in case of the failure to comply with the additional deadline, avoidance in case of non-compliance, as
well as avoidance because of the rights or claims of third parties. Particular
attention is paid to complete and partial avoidance and avoidance in successive
deliveries.
The regulatory power of international trade contracts over 19th century Dutch commercial sales law
