Acceso usuarios
Yunus Emre Ay
An international sales contract imposes obligations on the parties between the buyer and the seller. They must perform their contractual obligations on time. If one party fails to perform its contractual obligations as required by the contract, the defaulting party must cover the damages of the other party. However, if the defaulting party claims and proves his force majeure claim for his non-performance of his contractual duty as an obstruction, he may avoid his responsibility based on force majeure. Force majeure is a universally accepted legal principle since old times to invoke exemption of liability. It has been subject to numerous legal disputes before national courts and arbitral tribunals. However, its scope varies on the national legal systems and international conventions related to international private law. Therefore, The United Nations Convention on Contracts for the International Sale of Goods (abbreviated as CISG) Article 79 attempts to draw the line of releasing the debtor from liability for non-fulfillment of the contract of sale conditions in the international sales contract in accordance with international commercial life. Pursuant to CISG Article 79, the three elements of force majeure are impediment beyond the control of the parties, unforeseeability and unavoidability of impediment. These three elements must be the causation of non-performance and the defaulting party has an obligation to inform the other party properly in detail. The purpose of this paper is to analyse the exemption conditions of the liability of the debtor in CISG Article 79. It is very essential to analyze this provision to assess the non-liability exemption claim of the default party because if there are non-liability conditions set by CISG Article 79, there is no breach of international sales contract. Method of analysis, doctrinal research method, and comparative research methodology shall be enjoyed in this research.
