Reproduced with Permission of 71 Rabels Zeitschrist Für Ausländisches Und Internationales Privatrecht (January 2007) 13-34 [Presentation at Seminar: "The Convention on the International Sale of Goods. the 25th

Reproduced with permission of 71 Rabels Zeitschrist für ausländisches und internationales Privatrecht (January 2007) 13-34 [Presentation at seminar: "The Convention on the International Sale of Goods. The 25th Anniversary: Its Impact in the Past; Its Role in The Future", German Society of Comparative Law, Private Law Division, Conference 2005 (2224 September 2005) Wurzburg]

CISG -- The Structure of Remedies Peter Huber [*]

Introduction A. Outline of the Buyer's Remedies under CISG I. Performance II. Avoidance of the contract III. Reduction of the purchase price IV. Damages B. The Fundamental Objective: Saving the Contract and Avoiding Restitution I. The decline of termination: from a readily available remedy under Roman law to a remedy of last resort in modern instruments and CISG 1. Termination as a readily available remedy in the Roman-law-based legal systems 2. The modern trend to restrain the scope of termination II. Policy considerations for restraining termination as a remedy III. Instruments for restraining termination as a remedy 1. The "Nachfrist"-mechanism 2. The seller's right to cure 3. Doctrine of fundamental breach a) Comparative background b) Definition of fundamental breach c) Fundamental breach and delivery of non-conforming goods IV. The objective to save the contract and its consequences for other remedies 1. Performance 2. Price reduction 3. Damages C. Critical Assessment of the Structure of Remedies I. The overall picture II. The need for immediate termination in specific situations III. The seller's right to cure IV. Further requirements? INTRODUCTION

The purpose of this paper is to present a short introduction to the system of remedies provided by the Convention on Contracts for the International Sale of Goods (CISG). It will focus on the remedies of the buyer and not deal with the remedies of the seller. Thee are two reasons for this approach: the first is that the area of the buyer's remedies is probably the most characteristic part...