- Breach of contract — Performance of contract — Conformity of goods — Obligations of the buyer — Obligations of the seller
This chapter explores the suspension of performance which often happens where there is a loss of confidence between both parties. Under the general principle of the freedom of contract, the parties may contractually agree on a right to withhold performance. The Convention expressly provides the possibility to establish such a right in the contract for specific circumstances of withholding performance at the international level. The chapter lists the default pre-requisites to withhold performance such as performance due, concurrent obligations, non-performance by the co-contractant, and readiness to perform. Moreover, it notes the possibility of the uncertainty of obligor’s economic position.
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