Adequate Assurance of Performance under the UN Convention on Contracts for the International Sale of Goods and the Uniform Commercial Code

Katarzyna M Kryla-Cudna

doi:10.1017/S0020589321000300

Adequate Assurance of Performance under the UN Convention on Contracts for the International Sale of Goods and the Uniform Commercial Code

Katarzyna M Kryla-Cudna^*

^*Corresponding author for this work

University of Bristol Law School

Research output: Contribution to journal › Article (Academic Journal) › peer-review

2 Citations (Scopus)

243 Downloads (Pure)

Abstract

This article compares and contrasts the doctrine of adequate assurance of performance under the US Uniform Commercial Code (the UCC) and the UN Convention on Contracts for the International Sale of Goods (the CISG). The article argues that, in the context of the CISG, the mechanism of adequate assurance found in the UCC is a faux ami. Despite some similarities, the doctrine of adequate assurance regulated in the CISG is distinct and serves different functions to its UCC counterpart.

Original language	English
Pages (from-to)	935-960
Number of pages	26
Journal	International and Comparative Law Quarterly
Volume	70
Issue number	4
DOIs	https://doi.org/10.1017/S0020589321000300
Publication status	Published - 1 Nov 2021

Bibliographical note

Publisher Copyright:
Copyright © The Author(s), 2021. Published by Cambridge University Press for the British Institute of International and Comparative Law.

Keywords

transnational commercial law
anticipatory breach
adequate assurance
breach of contract
avoidance of a contract
Uniform Commercial Code
sale of goods
faux ami
CISG
PICC
Contract law

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10.1017/S0020589321000300

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This is the accepted author manuscript (AAM). The final published version (version of record) is available online via Cambridge University Press at https://doi.org/10.1017/S0020589321000300. Please refer to any applicable terms of use of the publisher.
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title = "Adequate Assurance of Performance under the UN Convention on Contracts for the International Sale of Goods and the Uniform Commercial Code",

abstract = "This article compares and contrasts the doctrine of adequate assurance of performance under the US Uniform Commercial Code (the UCC) and the UN Convention on Contracts for the International Sale of Goods (the CISG). The article argues that, in the context of the CISG, the mechanism of adequate assurance found in the UCC is a faux ami. Despite some similarities, the doctrine of adequate assurance regulated in the CISG is distinct and serves different functions to its UCC counterpart.",

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AB - This article compares and contrasts the doctrine of adequate assurance of performance under the US Uniform Commercial Code (the UCC) and the UN Convention on Contracts for the International Sale of Goods (the CISG). The article argues that, in the context of the CISG, the mechanism of adequate assurance found in the UCC is a faux ami. Despite some similarities, the doctrine of adequate assurance regulated in the CISG is distinct and serves different functions to its UCC counterpart.

KW - transnational commercial law

KW - anticipatory breach

KW - adequate assurance

KW - breach of contract

KW - avoidance of a contract

KW - Uniform Commercial Code

KW - sale of goods

KW - faux ami

KW - CISG

KW - PICC

KW - Contract law

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DO - 10.1017/S0020589321000300

M3 - Article (Academic Journal)

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JO - International and Comparative Law Quarterly

JF - International and Comparative Law Quarterly

IS - 4

ER -

Adequate Assurance of Performance under the UN Convention on Contracts for the International Sale of Goods and the Uniform Commercial Code

Abstract

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Keywords

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