The impediment of non-conformity of goods, as an excuse under Article 79 of the United Nations Convention on contracts for the international sale of goods (CISG)

 

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dc.contributor.advisor Hutchison, Andrew en_ZA
dc.contributor.author Ruiters, Jesse-Scott Ranier en_ZA
dc.date.accessioned 2016-02-08T07:21:07Z
dc.date.available 2016-02-08T07:21:07Z
dc.date.issued 2015 en_ZA
dc.identifier.citation Ruiters, J. 2015. The impediment of non-conformity of goods, as an excuse under Article 79 of the United Nations Convention on contracts for the international sale of goods (CISG). University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/16868
dc.description Includes bibliographical references en_ZA
dc.description.abstract The focal area of research is to ascertain, if whether the delivery of non-conforming goods, may or may not exist as an excusable impediment under Article 79 of the CISG? To determine this I have taken a different approach, than that, of the more conventional approach of critiquing the prevailing arguments. Essentially by analyzing the commentary of the relevant Advisory Council Members as well as other major contributors to the debate, of which one argument finds its basis on legislative intent of the negotiating parties (Travaux preparatoires) and the other being ascertained on a purely textual interpretation of Article 79. In order to reach a more precise conclusion, the author of this dissertation has funneled these two arguments through the different interpretative methods of treaties to discern which of the two arguments should be regarded as the more appropriate choice, which should be adopted. The existing question therefore would be, should we find a definitive conclusion with the fact that negotiators to the Sales Convention have decided that the delivery of non-conforming goods should not be excused under Article 79? Or should we side with a purely textual approach? Based on the phrase 'failure to perform any of his obligation', the words "any" and "obligation" would consequently include the obligation of the seller to meet the level of conformity as expressed under the contract according to Article 35 of the CISG. en_ZA
dc.language.iso eng en_ZA
dc.subject.other International Trade Law en_ZA
dc.title The impediment of non-conformity of goods, as an excuse under Article 79 of the United Nations Convention on contracts for the international sale of goods (CISG) en_ZA
dc.type Thesis / Dissertation en_ZA
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Commercial Law en_ZA
dc.type.qualificationlevel Masters en_ZA
dc.type.qualificationname LLM en_ZA
uct.type.filetype Text
uct.type.filetype Image


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