Article
Covid-19 and related Public and Private Measures as an Impediment to performing CISG Contracts
Texas International Law Journal
(2021)
Abstract
The 1980 UN Convention on the International Sale of Goods (“CISG”) contains a provision that governs the consequences of certain events that obstruct the agreed performance of the contract, with no specific reference to domestic law theories such as acts of God, force majeure, or hardship. Pertinently, Article 79 of the CISG relieves a party from paying damages only if the breach of contract was due to an unforeseeable impediment beyond its control. This paper addresses the application of Article 79 CISG to govern situations of legal, economic, and factual impediments resulting from COVID-19 or the public and private measures undertaken to control its spread in society. It also provides some guidelines to determine the existence of COVID-19 related impediments under the purview of Article 79 CISG. It sets out examples of COVID-19 measures implemented by governments and businesses and the common contractual breaches resulting from such measures as well as their legal consequences. The objective of this paper is to promote uniformity in the CISG application and the observance of good faith in international trade pursuant to Article 7 CISG
Keywords
- CISG,
- COVID-19,
- Impediment,
- Contracts
Disciplines
Publication Date
Fall 2021
Citation Information
Edgardo Muñoz. "Covid-19 and related Public and Private Measures as an Impediment to performing CISG Contracts" Texas International Law Journal Vol. 57 Iss. 1 (2021) p. 61 ISSN: 0163-7479 Available at: http://works.bepress.com/edgardo_munoz/48/