In the given case, even a serious lack of quality was said not to constitute a fundamental breach as the seller had offered to furnish additional blankets(article 49(1) CISG).
因此法院认为,卖方出售已由第三方予以主张权利的房地产,属根本违反合同,因此驳回了卖方的上诉。
Consequently, the court held that the seller committed a fundamental breach by selling real property that was encumbered with the claim of a third party and it rejected the seller' s appeal.
The Court also discussed whether the lack of the module was to be considered a fundamental breach of contract under article 25 CISG or just a partial delivery according to article 51 CISG.
On the contrary, if the non-conforming goods cannot be used or resold with reasonable effort this constitutes a fundamental breach and entitles the buyer to declare the contract avoided.
Article 70 provides that, notwithstanding the passing of the risk of loss or damage in the previous three articles, the buyer retains its remedies unimpaired if the seller has committed a fundamental breach of contract.
(1)如果在履行合同日期之前,明显看出一方当事人将根本违反合同,另一方当事人可以宣告合同无效。
(1) If prior to the date for performance of the contract it is clear that one of the parties will commit a fundamental breach of contract, the other party may declare the contract avoided.
Moreover, since the seller had made an offer to deliver new goods, which was refused by the buyer, the lack of quality did not amount to a fundamental breach of contract(article 25 CISG).
首先,必须再次强调指出,侵略者根本违反国际公法,不尊重刚果民主共和国的主权和领土完整。
At the outset, it should be noted once again that the fundamental violation of public international law by the aggressors continues to be non-respect for the sovereignty and territorial integrity of the Democratic Republic of the Congo.
Concerning the alleged avoidance of the contract by the buyer under articles 49(1)(a), 49(2)(b)(ii) CISG, the court did not rule out that there might have been a fundamental breach of contract.
Pursuant to article 64 CISG, the court determined that the seller could declare the contract avoided if the buyer failed to perform any of its obligations that amounted to a fundamental breach of the contract.
所以,买方声称卖方根本违反了合同。
Consequently, the buyer claimed that the seller' s breach was fundamental.
B12对未来分批交货的根本违反合同.
B12 Fundamental breach with respect to future installments.
通常,迟延交货本身不构成根本违反合同。
Late performance does not constitute by itself a fundamental breach of contract.
对分批交货的根本违反合同(第73(1)条).
A Fundamental breach with respect to installment(art. 73(1)).
A对分批交货的根本违反合同(第73(1)条).
A Fundamental breach with respect to instalment(art. 73(1)).
于是,有判决裁定最终未能支付价款构成根本违反合同。
Thus it has been decided that definitive failure to pay the price constitutes a fundamental breach of contract.
卖方根本违反合同对风险移转的影响在第七十条中规定。
The effect on the passing of risk in cases where the seller commits a fundamental breach is addressed in article 70.
相反,法院认为被告不支付约定的合同价款,属于根本违反合同。
In contrast, it held that the defendant had fundamentally breached its obligation by not paying the agreed contract price.
因此,由于卖方根本违反合同,买方拒绝支付剩余的分期付款款额。
Consequently, they refused payment of the remaining instalments due to the fundamental breach of contract.
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