Contribution to Book
Undestanding the CISG System of Remedies from the Latin American Domestic Laws' Standpoint
CISG and Latin America: Regional and Global Perspectives
(2016)
Abstract
The Latin-American domestic laws’ system of remedies is evidently different to the unified approach deployed by the CISG. The Latin-American domestic laws’ distinction of remedies depending on the grounds of breach, i.e. redhibitory vices, eviction and alio pro aliud, etc. and the line dividing these grounds is not always clear. The CISG, on the other hand, has a unitary breach of contract system that does not distinguish between remedies on the grounds of defect of title, non-conformity, delay or non-performance. Under the CISG any type of categorization on this respect is avoided: any type of discrepancy relating to the quantity or the quality, regardless of the type of defect (of functioning or of title), or the delivery of goods which are different to those agreed, is covered by the same parameters of conformity and also entitles the suffering party to the same catalogue of remedies.
Disciplines
Publication Date
March, 2016
Editor
Ingeborg Schwenzer, Cesar Pereira and Leandro Tripodi
Publisher
ELEVEN INTERNATIONAL
Series
International Commercial Law and Arbitration
ISBN
978‐94‐6236‐653‐4
Citation Information
Edgardo Muñoz. "Undestanding the CISG System of Remedies from the Latin American Domestic Laws' Standpoint" The HagueCISG and Latin America: Regional and Global Perspectives Vol. 21 (2016) Available at: http://works.bepress.com/edgardo_munoz/21/