Nemogućnost izvršenja ugovora o međunarodnoj prodaji robe i pravne posledice u tom slučaju

Jovičić, Katarina (2014) Nemogućnost izvršenja ugovora o međunarodnoj prodaji robe i pravne posledice u tom slučaju. Pravni život, 63 (11). pp. 395-407. ISSN 0350-0500

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Abstract

When the debtor in the contract for the international sale of goods fails to fulfill what is provided for, then the creditor regularly acquires the right to specific legal remedies against him. None legal system brings that right into the question, but it is not an absolute right and, in some cases, it is limited or disabled. This issue in comparative law is not resolved by the universal rule, but every legal system takes into account that the debtor sometimes do not fulfill the contract due to an impediment beyond his control, which he did not cause nor he could foresee or overcome. They often make the performance of the contract impossible, and when that is the case then the debtor can be excluded from contractual liability. Besides affecting on the contractual liability, impossibility of fulfillment the contract produce other legal consequences, among which the most important is that the contractual obligations may be terminated. This article discusses about how this issue is resolved in the characteristic national laws, as well as in the most important international sources of law for contracts for the international sale of goods.

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