Article 71 CISG
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Article 71
(1) A party may suspend the performance of his obligations if, after the conclusion of the contract, it becomes apparent that the other party will not perform a substantial part of his obligations as a result of:
(a) a serious deficiency in his ability to perform or in his creditworthiness; or
(b) his conduct in preparing to perform or in performing the contract.
(2) If the seller has already dispatched the goods before the grounds described in the preceding paragraph become evident, he may prevent the handing over of the goods to the buyer even though the buyer holds a document which entitles him to obtain them. The present paragraph relates only to the rights in the goods as between the buyer and the seller.
(3) A party suspending performance, whether before or after dispatch of the goods, must immediately give notice of the suspension to the other party and must continue with performance if the other party provides adequate assurance of his performance.
(1) A party may suspend the performance of his obligations if, after the conclusion of the contract, it becomes apparent that the other party will not perform a substantial part of his obligations as a result of:
(a) a serious deficiency in his ability to perform or in his creditworthiness; or
(b) his conduct in preparing to perform or in performing the contract.
(2) If the seller has already dispatched the goods before the grounds described in the preceding paragraph become evident, he may prevent the handing over of the goods to the buyer even though the buyer holds a document which entitles him to obtain them. The present paragraph relates only to the rights in the goods as between the buyer and the seller.
(3) A party suspending performance, whether before or after dispatch of the goods, must immediately give notice of the suspension to the other party and must continue with performance if the other party provides adequate assurance of his performance.
| Original language | English |
|---|---|
| Title of host publication | Commercial law : article-by-article commentary |
| Editors | Peter Mankowski |
| Number of pages | 9 |
| Place of Publication | München |
| Publisher | C.H. Beck Verlag |
| Publication date | 2019 |
| Pages | 319-327 |
| ISBN (Print) | 978-3-8487-3315-6, 978-3-406-70872-5, 978-1-5099-2379-3 |
| ISBN (Electronic) | 978-3-8452-7656-4 |
| DOIs |
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| Publication status | Published - 2019 |
Bibliographical note
Kap. I: United Nations Convention on Contracts for the International Sale of Goods, Part III: Sale of goods, Chapter V: Provisions common to the obligations of the seller and of the buyer, Section I: Anticipatory breach and instalment contracts
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