UGC Approved Journal no 63975(19)
New UGC Peer-Reviewed Rules

ISSN: 2349-5162 | ESTD Year : 2014
Volume 12 | Issue 6 | June 2025

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Published in:

Volume 11 Issue 10
October-2024
eISSN: 2349-5162

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Published Paper ID:
JETIR2410376


Registration ID:
549513

Page Number

c718-c730

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Title

ANALYSING THE LEGAL REGIME OF FUNDAMENTAL BREACH OF CONTRACT UNDER THE CISG

Abstract

The “’United Nations Convention on Contracts for the International Sale of Goods”, (CISG) provides universal system of law and order regarding foreign countries commerce. The CISG, which is a ‘issue of great importance, which include topics for e.g. how contract is created, what rights and obligations arise under it and what are the remedies available in the cases it is breached. One of the centerpieces of the Convention is the "fundamental breach.” It plays a key role in determining whether a breach is grave enough for terminating the contract and obtaining further remedies in the form of requital by the aggrieved party. This concept forms the basis of the Convention. Generally speaking, a lot of attention is accorded to this very principle of “breach of contract under the CISG, and how it explains legal framework relating to it. Article 25 of CISG provides a definition of fundamental violation, which will be a topic of discussion for the majority of people. On the basis of the information included in this article, an investigation will be conducted into its interpretation according to case law, academic commentary, and practical application. This article provides insights into the possibilities and problems that are faced by parties that are dealing with business disputes that occur across international borders in accordance with the CISG. The concept also discuss the challenges and opportunities presented by parties in cross-border commercial disputes under the CISG framework. Indeed, an importance of this article is to assess the theory of fundamental breach has been applied across different jurisdictions. This research method makes use of a combination of doctrinal analysis, comparative law, and case law review in making a general review of the legal framework surrounding fundamental breach in CISG.

Key Words

CISG, Fundamental Breach, International Trade Law, Contract Law, Judicial Interpretation and Remedies.

Cite This Article

"ANALYSING THE LEGAL REGIME OF FUNDAMENTAL BREACH OF CONTRACT UNDER THE CISG", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.11, Issue 10, page no.c718-c730, October-2024, Available :http://www.jetir.org/papers/JETIR2410376.pdf

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2349-5162 | Impact Factor 7.95 Calculate by Google Scholar

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 7.95 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Cite This Article

"ANALYSING THE LEGAL REGIME OF FUNDAMENTAL BREACH OF CONTRACT UNDER THE CISG", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.11, Issue 10, page no. ppc718-c730, October-2024, Available at : http://www.jetir.org/papers/JETIR2410376.pdf

Publication Details

Published Paper ID: JETIR2410376
Registration ID: 549513
Published In: Volume 11 | Issue 10 | Year October-2024
DOI (Digital Object Identifier):
Page No: c718-c730
Country: Rupnagar, Punjab, India .
Area: Other
ISSN Number: 2349-5162
Publisher: IJ Publication


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