Zahtev za izvršenje ugovora prema Bečkoj konvenciji o ugovorima o međunarodnoj prodaji robe

Jovičić, Katarina (2011) Zahtev za izvršenje ugovora prema Bečkoj konvenciji o ugovorima o međunarodnoj prodaji robe. Pravni život, 60 (11). pp. 389-405. ISSN 0350-0500

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Abstract

The subject of this article is the analysis of the rules of the Vienna Convention on the claim for specific performance of the contract. The general rule is that a creditor can always require specific performance of the contract, except when he chooses another remedy contrary to it, or in case when the contractual obligation has become impossible to perform. In addition to these general limitations of its use, which apply to all requests for performance of contract, the buyer’s request for delivery of substitute goods or for remedy the lack of conformity by repair are the subjects on some special restrictions. However, even when the claim to perform the contract is allowed according to the Convention, it is not a guarantee that the contract can be fullfiled by enforced performance since this source of law allows the courts to resolve this issue finally by applying the lex fori. Although this solution is an expression of compromise between conflicting views on this issue in national laws which was necessary in order to ensure the wider acceptance of the Convention, but that has been achieved at the expense of its uniform application.

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