Pravo prodavca da otkloni nedostatke u izvršenju ugovora prema Bečkoj konvenciji

Jovičić, Katarina (2013) Pravo prodavca da otkloni nedostatke u izvršenju ugovora prema Bečkoj konvenciji. Pravni život, 62 (11). pp. 327-338. ISSN 0350-0500

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Abstract

The obligation of the seller to deliver the goods is characteristic obligation of the contract for the international sale of goods. He fulfils that obligation, as a rule, by handing over goods in conform with the contract, in the manner, at the time and in place in accordance to the contract. In many cases when the seller does not deliver the goods as provided, he is able and willing to cure irregularities in performance of the contract. The Vienna Convention, unlike most legal systems, does not regulate that situation only as a right of the buyer to require performance of the contract in additional time, but as the seller’s explicit right to do so. Thereby, it does not limit that right of the seller to the delivery time, but allows him to do so even after the date for delivery. Mentioned rights of the seller and their relationship with the buyer’s rights to use remedies for breach of contract, are the subject of analysis in this paper. In conclusion is noted that the interests of the seller and the buyer in this case are well balanced and adequately protected, in what way the Convention create the favorable condition that a significant number of contracts for the international sale of goods stay in force and to be executed.

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