Damages under the CISG - selected problems

Buschtoens, Corinna

Damages under the CISG - selected problems

Master Thesis

2014-07-30

Publisher

University of Cape Town

Department

Department of Commercial Law

Faculty

Faculty of Law

Abstract

This paper addresses different contentious issues arising in the context of the right to damages under the CISG. The paper will therefore start with a brief description of the CISG, Art. 74 CISG et seq. as the basic provision on damages in the Convention and Art. 7 CISG as the provision regulating the interpretation and gap-filling of the Convention. Subsequently, selected specific problems of damages will be examined in Chapter III. Where thought appropriate, the paper will give a brief outline of how the specific question is regulated in domestic laws, followed by an overview of the debate on the issue under the CISG among courts and scholars, ending with the author's own position.

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