Contribution of Enrica Senini (Italy) - CCBE拱门的senini贡献（意大利）- CCBE.pptVIP

 Requiring and withholding performance, termination and price reduction: The CESL in comparison with the Vienna Sales Convention Joint CCBE and CNF Conference on the proposed Common European Sales Law Rome, April 11, 2012 GENERAL PROVISIONS (1/2) CISG Part III – art. 25 “breach of contract” No definition of what is considered as a breach of contract; Jurisprudence: Lack of conformity of goods; Late delivery; Partial delivery; Non-delivery; Non payment of price; Other cases – E.g.: Failure to give buyer correct instructions as to packaging; Buyer’s failure to take delivery (under certain circumstances). CESL Part IV – art. 87 “non-performance of an obligation”; Non-performance of an obligation is ANY failure to perform that obligation and INCLUDES: Non-delivery or delayed delivery of the goods / non-supply or delayed supply of digital content; Delivery of goods which are not in conformity with the contract; Non-payment or late payment of the price; Any other purported performance which is not in conformity with the contract. GENERAL PROVISIONS (2/2) CISG Part III – Chapter I art. 25 - “fundamental breach (of contract)”; Art. 26 – Avoidance of the contract; Art. 27 – right to rely on the communication; Art. 28 – Requiring performance / specific performance; Art. 29 – Termination of contract by mutual agreement. CESL Part IV – Chapter 9 art. 87 § 2 - “fundamental non-performance (of an obligation)”; Art. 88 – Excused non-performance; Art. 89 – Change of circumstances. REMEDIES TO THE BUYER - REQUIRING PERFORMANCE - CISG – Art. 46 - 47 Unless the buyer has resorted to a remedy which is inconsistent with this requirement; 1)delivery of substitute goods Choice of the buyer 2) repair CESL – Art. 110 - 113 Remedying free of charge of a performance which is not in conformity with the contract. No performance can be required where: It would be impossible or has become unlawful, The burde