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in ARTICLE 7.1.7 PICC

PICC  
UNIDROIT Principles of International Commercial Contracts 2016

Zivilrecht

Int. Privat- & Wirtschaftsrecht

(1) Non-performance by a party is excused if that party proves that the nonperformance was due to an impediment beyond its control and that it could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract or to have avoided or overcome it or its consequences.
(2) When the impediment is only temporary, the excuse shall have effect for such period as is reasonable having regard to the effect of the impediment on the performance of the contract.
(3) The party who fails to perform must give notice to the other party of the impediment and its effect on its ability to perform. If the notice is not received by the other party within a reasonable time after the party who fails to perform knew or ought to have known of the impediment, it is liable for damages resulting from such nonreceipt.
(4) Nothing in this Article prevents a party from exercising a right to terminate the contract or to withhold performance or request interest on money due.
Quelle: UNIDROIT
Import:

UNCITRAL Digest CISG, Art. 22

Art. 22 CISG
ZivilrechtInt. Privat- & Wirtschaftsrecht

This Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods (CISG) was prepared by the UNCITRAL Secretariat in cooperation with national correspondents and international experts. It may serve as a commentary on the CISG. The following excerpt contains the commentary on Article 22 CISG.

Recommended citation: UNCITRAL, Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods (2016), Art. 22, para. #.

 

Article 22

An acceptance may be withdrawn if the withdrawal reaches the offeror before or at the same time as the acceptance would have become effective.

 

 

OVERVIEW

1. Article 22 provides that an offeree may withdraw its acceptance if the withdrawal reaches the offeror before or at the same time as the acceptance becomes effective. An acceptance is generally effective at the moment it reaches the offeror in accordance with article 18 (2) (although in certain circumstances an acceptance by an act is effective when the act is performed, as provided in article 18 (3)). Article 24 defnes when an acceptance and a withdrawal of an acceptance “reaches” the offeror. There are no reported cases applying this article.

 

© United Nations. This text is reproduced with permission of the United Nations.

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