在 英语 中使用 To declare the contract 的示例及其翻译为 中文
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Therefore, the buyer had no right to declare the contract void.
Generally the buyer is not bound to declare the contract avoided during a certain period of time; he can do so at any time if a ground for avoidance exists.
Moreover, the buyer was entitled to declare the contract avoided if upon examination it was discovered that the goods had perished or deteriorated(article 82(2)(b) CISG).
Article 49 specifies the conditions under which the buyer is entitled to declare the contract avoided.
Requirements for the right to declare the contract avoided(paragraph(1)).
Under the terms of article 49(1)(a)CISG the plaintiff was in principle permitted to declare the contract avoided.
Article 64(1) specifies two cases in which the seller has the right to declare the contract avoided.
Article 47, paragraph 2, article 64,paragraph 2 and article 82 on the loss of the right to declare the contract avoided;
It stated that the buyer had no right to declare the contract avoided, a right that was essential to a damage claim.
(2) If time allows, the party intending to declare the contract avoided must give reasonable notice to the other party in order to permit him to provide adequate assurance of his performance.
On the other hand,five weeks were regarded as a reasonable period of time to declare the contract avoided under article 49(2)(b).
Consequently, the seller was entitled to declare the contract avoided because the buyer's failure to take delivery of more than half of the goods constituted a fundamental breach of contract(article 64(1)(a) CISG).
(2) However, in cases where the buyer has paid the price,the seller loses the right to declare the contract avoided unless he does so:.
(2) However, in cases where the seller has delivered the goods,the buyer loses the right to declare the contract avoided unless he does so:.
Moreover, the court noted that a period of six months between the fixing of the additional period of time and the declaration of contract avoidance did not forfeit the right to declare the contract avoided.
It thus had to be concluded that the seller had improperly withheld delivery,which entitled the buyer to declare the contract avoided within the meaning of article 49 CISG.
It held that the buyer was not released from its obligations under article 81(1) of the CISG,since the buyer was not entitled to declare the contract avoided.
On the contrary, if the non-conforming goods cannot be used or resold with reasonable effort this constitutes a fundamental breach andentitles the buyer to declare the contract avoided.
It rejected the argument made by the buyer under article 72(1), that, because the seller had held back delivery of the goods,the buyer was entitled to declare the contract avoided.