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Part IV Validity, 15 General Remarks on Validity

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
26 January 2012
ISBN:
9780199572984

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 March 2023

Subject(s):
Validity of contract — Termination/unwinding of contract — Performance of contract — Unidroit Principles and choice of law
15.01 Not surprisingly, providing a succinct definition of validity is not an easy task. In the context of the CISG, matters of validity can be understood as those where a contract is void ab initio. This may occur by operation of law, or operate retroactively by virtue of a legal act of the state. It may furthermore occur in circumstances where parties are given the opportunity to rescind the contract for reasons based on defects in the contracting process, such as mistake or duress, or because of special provisions protecting the class of persons to which they...
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