违约及其法律救济方法.pptVIP

WWLEE 二、延迟交货 （一）解除合同 CISG A49(2) (2) However, in cases where the seller has delivered the goods, the buyer loses the right to declare the contract avoided unless he does so: (a) in respect of late delivery, within a reasonable time after he has become aware that delivery has been made; (b) in respect of any breach other than late delivery, within a reasonable time: (i); (ii); (iii). WWLEE 二、延迟交货 （二）请求损害赔偿 CISG A45 (1) If the seller fails to perform any of his obligations under the contract or this Convention, the buyer may: (a) exercise the rights provided in articles 46 to 52; (b) claim damages as provided in articles 74 to 77. (2) The buyer is not deprived of any right he may have to claim damages by exercising his right to other remedies. (3) No period of grace may be granted to the seller by a court or arbitral tribunal when the buyer resorts to a remedy for breach of contract. WWLEE 二、延迟交货 （二）请求损害赔偿 CISG A47 (1) The buyer may fix an additional period of time of reasonable length for performance by the seller of his obligations. (2) Unless the buyer has received notice from the seller that he will not perform within the period so fixed, the buyer may not, during that period, resort to any remedy for breach of contract. However, the buyer is not deprived thereby of any right he may have to claim damages for delay in performance. WWLEE 三、卖方所交货物与合同不符 （一）要求卖方交付替代货物 CISG A46 (2) If the goods do not conform with the contract, the buyer may require delivery of substitute goods only if the lack of conformity constitutes a fundamental breach of contract and a request for substitute goods is made either in conjunction with notice given under article 39 or within a reasonable time thereafter. WWLEE 三、卖方所交货物与合同不符 （一）要求卖方交付替代货物 CISG A46 (2) 适用条件：卖方交付了不符合同的货物；货物不符合同构成了根本违约；买方一在一段合理时间内发出了要求替代货物的通知。 WWLEE 三、卖方所交货物与合同不符 （二）要求卖方对不符货物进行修补 CISG A46 (3) If the goods do not conform with the contract, the