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BLP

2015/6

Grounds of Exemptions From Liability for Failure to Perform in the United Nations Convention on Contracts for the International Sale of Goods (CISG)

The concept of force majeure is of paramount importance in international trade, as it impacts on the rights and obligations of the parties. In particular, in international contracts for the sale of goods, it is quite frequent the insertion of a specific clause pertaining to force majeure in order to regulate the impact of an act which is beyond the parties’ control (for instance, an embargo) on the validity of the contractual provisions. The Authors will analyse how this concept is regulated in the United Nations Convention on Contracts for the International Sale of Goods and, in particular, in its articles 79 and 80. With a practical approach, the Authors will examine the relevant international case law and doctrine regarding the said provisions and will provide some solutions to draft valid and enforceable contractual clauses.

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