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The impediment of non-conformity of goods, as an excuse under Article 79 of the United Nations Convention on contracts for the international sale of goods (CISG)
Includes bibliographical references
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2016
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| _version_ | 1867613449413984256 |
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| access_status_str | Open Access |
| author | Ruiters, Jesse-Scott Ranier |
| author2 | Hutchison, Andrew |
| author_browse | Hutchison, Andrew Ruiters, Jesse-Scott Ranier |
| author_facet | Hutchison, Andrew Ruiters, Jesse-Scott Ranier |
| author_sort | Ruiters, Jesse-Scott Ranier |
| collection | Thesis |
| description | Includes bibliographical references |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/16868 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:36:19.681Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/16868 The impediment of non-conformity of goods, as an excuse under Article 79 of the United Nations Convention on contracts for the international sale of goods (CISG) Ruiters, Jesse-Scott Ranier Hutchison, Andrew International Trade Law Includes bibliographical references The focal area of research is to ascertain, if whether the delivery of non-conforming goods, may or may not exist as an excusable impediment under Article 79 of the CISG? To determine this I have taken a different approach, than that, of the more conventional approach of critiquing the prevailing arguments. Essentially by analyzing the commentary of the relevant Advisory Council Members as well as other major contributors to the debate, of which one argument finds its basis on legislative intent of the negotiating parties (Travaux preparatoires) and the other being ascertained on a purely textual interpretation of Article 79. In order to reach a more precise conclusion, the author of this dissertation has funneled these two arguments through the different interpretative methods of treaties to discern which of the two arguments should be regarded as the more appropriate choice, which should be adopted. The existing question therefore would be, should we find a definitive conclusion with the fact that negotiators to the Sales Convention have decided that the delivery of non-conforming goods should not be excused under Article 79? Or should we side with a purely textual approach? Based on the phrase 'failure to perform any of his obligation', the words "any" and "obligation" would consequently include the obligation of the seller to meet the level of conformity as expressed under the contract according to Article 35 of the CISG. 2016-02-08T07:21:07Z 2016-02-08T07:21:07Z 2015 Master Thesis Masters LLM http://hdl.handle.net/11427/16868 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | International Trade Law Ruiters, Jesse-Scott Ranier The impediment of non-conformity of goods, as an excuse under Article 79 of the United Nations Convention on contracts for the international sale of goods (CISG) |
| thesis_degree_str | Master's |
| title | The impediment of non-conformity of goods, as an excuse under Article 79 of the United Nations Convention on contracts for the international sale of goods (CISG) |
| title_full | The impediment of non-conformity of goods, as an excuse under Article 79 of the United Nations Convention on contracts for the international sale of goods (CISG) |
| title_fullStr | The impediment of non-conformity of goods, as an excuse under Article 79 of the United Nations Convention on contracts for the international sale of goods (CISG) |
| title_full_unstemmed | The impediment of non-conformity of goods, as an excuse under Article 79 of the United Nations Convention on contracts for the international sale of goods (CISG) |
| title_short | The impediment of non-conformity of goods, as an excuse under Article 79 of the United Nations Convention on contracts for the international sale of goods (CISG) |
| title_sort | impediment of non conformity of goods as an excuse under article 79 of the united nations convention on contracts for the international sale of goods cisg |
| topic | International Trade Law |
| url | http://hdl.handle.net/11427/16868 |
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