Vol. 2, Issue 3 (2016)
The Buyer’s right to avoid the contract due to non-conformity of the goods under the CISG
Author(s): Mojtaba Sadeghi Moghadam
Abstract: The present article deals with the buyer’s right to avoid the contract in case of non-conformity of the goods in the United Nations Convention on Contracts for the International Sales of Goods (CISG). In order to avoid a contract due to non-conformity of the goods a fundamental breach is required. Hence, the article firstly analyses the requirement of fundamental breach of contract defined in article 25 CISG. Secondly, we try to examine the circumstances which permit the buyer to avoid the contract under article 49(1)(A) CISG with referring to the numerous decisions of courts and arbitral panels. Thirdly, the article focuses on the seller’s right to cure after the date of delivery and it further examines the interaction between the seller’s right to cure and the buyer’s right to avoid the contract. Finally, it addresses the declaration and the effects of avoidance within the Convention.