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- Title
Deckungsgeschäft bei Erfüllungsverweigerung schon vor Vertragsaufhebung.
- Abstract
The article deals with a court ruling on the UN Sales Convention (CISG) and a cover transaction in case of refusal to perform before contract termination. It is determined that the seller bears the burden of proof for the delivery of goods and a packing list is not a suitable means of proof. If the seller excludes a free delivery as a replacement for an alleged but not proven delivery, they commit a material breach of contract. In case of serious and definitive refusal to perform by the seller, a cover transaction can be concluded before the contract is terminated. The ruling concerns the case of a plaintiff who asserts claims for the purchase price from the sale of a glass crushing machine, while the defendant raises counterclaims due to an alleged non-delivery of a can press.
- Subjects
DISCHARGE of contracts; BREACH of contract; DELIVERY of goods; BURDEN of proof; LEGAL judgments
- Publication
Internationales Handelsrecht, 2024, Vol 24, Issue 1, p17
- ISSN
1617-5395
- Publication type
Article
- DOI
10.9785/ihr-2024-240102