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Lauermannová, Irena (2013)
Languages: Czech
Types: Master thesis
Subjects: International Sales Contract Vienna Convention Gaps and gap-filling; Mezinárodní kupní smlouva Vídeňská úmluva Mezery a jejich zaplňování, scope of application; Vienna Convention; Vídeňská úmluva; international sales contract; mezinárodní kupní smlouva; rozsah působnosti, Mezinárodní kupní smlouva Vídeňská úmluva INCOTERMS; International sales contract CISG INCOTERMS, International sales contract United Nations Convention on Contracts for the International Sale of Goods Remedies for the breach of sales contract; Mezinárodní kupní smlouva Úmluva OSN o smlouvách o mezinárodní koupi zboží Práva z porušení kupní smlouvy, Vienna Convention 1980; Fundamental breach of contract; Vídeňská úmluva 1980; International sales contract; Mezinárodní kupní smlouva; Podstatné porušení smlouvy, CISG; CESL; international sales contract; mezinárodní kupní smlouva, Vídeňská Úmluva o mezinárodní koupi zboží Podstatné porušení smlouvy Odstoupení od smlouvy; United Nations Convention on Contracts for the International Sale of Goods (CISG) Fundamental breach Avoidance of the contract
75 International Sales Contract Abstract The objective of this thesis is to describe the ways of avoidance of the contract available under the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the "Convention") and to make an analysis of its key term "fundamental breach of contract" as it is defined in its article 25. The thesis is composed of the introduction, three main chapters and the conclusion. The first chapter introduces the Convention itself. It describes the process of its creation, and points out the fact, that the final text of the Vienna Convention is a result of many compromises, which were supposed to ensure its global acceptance. This goal, was in the end achieved, but at the price of the Convention containing many terms which were vague and ambiguous, making it hard to interpret. Later in this chapter I also deal with the conditions, which have to be met for the Convention to be applied, (and its exceptions) and in the end I shortly address the problem of the uniform application of the Convention. The second chapter then deals with the interpretation of the term "fundamental breach of the contract" as one of the conditions of the just avoidance of the contract. This chapter is then divided into three parts. The first part handles the term of the breach...

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