Right to Cure: The Odd One Out? The CISG’s Remedial Scheme and the Circular Economy

Research output: Chapter in Book/Report/Conference proceedingChapter in a book

Abstract

This chapter examines the seller’s right to cure as regulated in the United Nations Convention on Contracts for the International Sale of Goods (CISG) from two different angles. The chapter first examines the interplay between the seller’s right to cure and the remedies available to the buyer under the CISG from the perspective of policy choices made by the Convention’s drafters. The chapter then evaluates these policy choices with regard to the effects that the remedial scheme adopted in the CISG may have on environmental protection. This chapter claims that the scheme of remedies regulated in the CISG can contribute to the circular economy, an economic system in which the value of products and materials is maintained for as long as possible. At the same time, the chapter argues that while this outcome can be achieved through the remedies available to the buyer, the seller’s right to cure does not have the potential to contribute to sustainability goals.
Original languageEnglish
Title of host publicationQuo Vadis Commercial Contract?
Subtitle of host publicationReflections on Sustainability, Ethics and Technology in the Emerging Law and Practice of Global Commerce
EditorsMads Andenas, Maren Heidemann
PublisherSpringer
Pages129-150
Number of pages21
ISBN (Electronic)978-3-031-14105-8
ISBN (Print)978-3-031-14104-1
DOIs
Publication statusPublished - 16 Mar 2023

Publication series

NameLCF Studies in Commercial and Financial Law
PublisherSpringer
Volume1
ISSN (Print)2731-6602
ISSN (Electronic)2731-6610

Keywords

  • the right to cure
  • United Nations Convention on Contracts for the International Sale of Goods
  • CISG
  • breach of contract
  • sale of goods
  • remedies
  • circular economy
  • sustainability
  • law

Fingerprint

Dive into the research topics of 'Right to Cure: The Odd One Out? The CISG’s Remedial Scheme and the Circular Economy'. Together they form a unique fingerprint.

Cite this