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

Research output: Contribution to journalArticle (Academic Journal)peer-review

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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 languageEnglish
Pages (from-to)935-960
Number of pages26
JournalInternational and Comparative Law Quarterly
Volume70
Issue number4
DOIs
Publication statusPublished - 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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