[2018年最新整理]2011年“爱心助学工程”助学金申请表.pptVIP

COMPARATIVE PRIVATE LAWNON-PERFORMANCE -LIABILITY University of Oslo Prof. Giuditta Cordero Moss Case I – Destruction of subject-matter (1) Sale of car components built on specifications An earthquake destroys the facilities and the stored components Delivery cannot be made according to contract Is the seller liable for non-performance? Destruction of subject-matter (1) Norwegian law: Seller is excused German law: Seller is excused Italian law: Seller is excused English law: Seller is excused UNIDROIT: Seller is excused PECL: Seller is excused CISG: Seller is excused Case II – Destruction of subject-matter (2) Sale of car components built on specifications A fire destroys the facilities and the stored components The fire alarm had not been installed due to illness of the person in charge of security in the seller’s company Delivery cannot be made according to contract Is the seller liable for non-performance? Destruction of subject-matter (2) Norwegian law: Seller is not excused German law: Seller is not excused Italian law: Seller is not excused English law: Seller is not excused UNIDROIT: Seller is not excused PECL: Seller is not excused CISG: Seller is not excused Case III – Act of god (factum principis) (1) Sale of car components built on specifications New governmental regulations forbid export of various technical equipment, i.a. car components Delivery cannot be made according to contract Is the seller liable for non-performance? Act of god (1) Norwegian law: Seller is excused German law: Seller is excused Italian law: Seller is excused English law: Seller is excused UNIDROIT: Seller is excused PECL: Seller is excused CISG: Seller is excused Case IV – Act of god (factum principis) (2) Sale of car components built on specifications The seller’s export licence is withdrawn because of the seller’s non-compliance with governmental requiremenets Delivery cannot be made according to contract Is the seller liable for non-performance?