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Editorial remarks: Article 25

EDITOR: Albert H. Kritzer

It is not uncommon to read evaluations of the CISG that call attention to the efforts of its legislators to phrase the provisions of this Convention in language that can be readily understood by businesspersons as well as attorneys. This is a fair assessment of many parts of the CISG.

However, this assessment does not fit the avoidance concept defined in article 25, particularly when read in context with related provisions, for example, articles 49 and 64. The definition of "fundamental breach" in article 25 and the manner in which this concept is applied can present interpretive challenges.

For a review of the avoidance-related provisions of the Convention in context with one another and the remainder of the CISG, and with the legislative history, doctrine and case law on the avoidance concept, go to Robert Koch, The Concept of Fundamental Breach of Contract under the United Nations Convention on Contracts for the International Sale of Goods (CISG), Pace ed., Review of the Convention on Contracts for the International Sale of Goods 1998, Kluwer Law International (1999) 177-355. The author concludes with his view of the manner in which the Convention's avoidance provisions ought to be applied.

Pace Law School Institute of International Commercial Law - Last updated March 21, 2001