英文摘要 |
This article will examine the law of excuse as espoused in the Convention on Contracts for the International Sale of Goods (CISG). It will examine the relevant case law applying the doctrine of impediment in CISG Article 79. The question posed in this analysis is whether the word “impediment” includes changed circumstances, impracticability, and cases of hardship? Or, does the impediment doctrine of Article 79 limit exemptions to “absolute” excuse (impossibility, force majeure). A brief review of German and American legal is provided, as well excuse under the UNIDROIT’s Principles of International Commercial Contracts and the Principles of European Contract Law. An examination of the CISG case law is undertaken to determine the concepts and issues addressed or left unaddressed by Article 79, such as , the importance of “sphere of control” and “ allocation of risk”; use of an “extraordinary event” approach to determine impediment; whether the delivery of defective goods is a ground for impediment; and whether an event can be both foreseeable and yet not foreseen for purposes of granting an exemption from liability. |