Homayoun Mafi; Meysam Rameshi; Ali Bagheri
Volume 3, Issue 10 , March 2015, , Pages 121-140
Abstract
Incidents may occur during the performance of the contract which prevent oneor both parties from performing his obligations, even though the parties do nothave any role in causing such incidents. Art 79 of the CISG deals with theimpossibility of the performance of the contract as a cause of exemption ...
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Incidents may occur during the performance of the contract which prevent oneor both parties from performing his obligations, even though the parties do nothave any role in causing such incidents. Art 79 of the CISG deals with theimpossibility of the performance of the contract as a cause of exemption fromliability for damages arising from a breach of contract. In some cases, thecircumstances, which have been the basis of the contract balance at the time ofcontract formation, change and subsequently the performance of the contractbecomes difficult. The CISG contains no specific provision dealing withhardship (Ta'assor) and related exemptions. Therefore, a question arises as towhether the CISG covers such cases. There are different doctrinal views andjurisprudence which will be discussed in this article.
