Zahtev za sniženje cene kod ugovora o međunarodnoj prodaji robe

Jovičić, Katarina (2012) Zahtev za sniženje cene kod ugovora o međunarodnoj prodaji robe. Pravni život, 61 (11). pp. 353-368. ISSN 0350-0500

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Abstract

When the seller in the contract of international sale of goods delivers the goods not in accordance with the contract, the buyer acquires the right, under the conditions provided for by applicable law, to use certain remedies against him. In such situation the buyer, in general, possesses all the remedies provided for other types of breach of the contract. Moreover, in many legal systems the buyer is also received recognition the special right - the right to claim the price reduction from the seller. In this paper the buyer’s claim for the price reduction is to be analyzed by considering the conditions and limitations in its application according to characteristic rules of national laws, after which the solutions of Vienna Convention are exposed in detail. In the concluding remarks the purpose of this special buyer’s right is examined and indicates that it is rather the prevention of the seller’s unjust enrichment than the buyer’s compensation.

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