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Covid-19 pandemic and Changed Circumstances - The applicability of Article 79 of the CISG to events of force majeure nature with focus on supply contracts in the automotive industry

Salo, Susanna Christina (2021) HARN63 20211
Department of Business Law
Abstract (Swedish)
The outbreak of the Covid-19 pandemic triggered changed circumstances extensively. One aspect of such changes arise from issues in cross-border supply contracts, for example due to incapability of contractual performance because of entry bans and lack of labor force as the employees were set on quarantines. Usually contractual non-performance leads to breacher’s liability for damages, but exceptions are possible. One of the exceptions is provided in provisions of Article 79 CISG. However, the Article does not explicitly state that any pandemic, nor any other circumstance shall be regarded as directly triggering such rights for contractual exemption.
The thesis is focused on reflecting the possible applicability of Article 79 CISG to the... (More)
The outbreak of the Covid-19 pandemic triggered changed circumstances extensively. One aspect of such changes arise from issues in cross-border supply contracts, for example due to incapability of contractual performance because of entry bans and lack of labor force as the employees were set on quarantines. Usually contractual non-performance leads to breacher’s liability for damages, but exceptions are possible. One of the exceptions is provided in provisions of Article 79 CISG. However, the Article does not explicitly state that any pandemic, nor any other circumstance shall be regarded as directly triggering such rights for contractual exemption.
The thesis is focused on reflecting the possible applicability of Article 79 CISG to the Covid-19 and also the possibilities to exempt from it. As the automotive industry has a great impact on world trade it serves as a focus point to reflect the impact of Covid-19 and the possibilities for the seller or the supplier to be exempt from its contractual obligations. (Less)
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author
Salo, Susanna Christina
supervisor
organization
course
HARN63 20211
year
type
H1 - Master's Degree (One Year)
subject
keywords
Covid-19, supply contracts, CISG, Article 79, changed circumstances
language
English
id
9057250
date added to LUP
2021-06-23 08:54:31
date last changed
2021-06-23 08:54:31
@misc{9057250,
  abstract     = {{The outbreak of the Covid-19 pandemic triggered changed circumstances extensively. One aspect of such changes arise from issues in cross-border supply contracts, for example due to incapability of contractual performance because of entry bans and lack of labor force as the employees were set on quarantines. Usually contractual non-performance leads to breacher’s liability for damages, but exceptions are possible. One of the exceptions is provided in provisions of Article 79 CISG. However, the Article does not explicitly state that any pandemic, nor any other circumstance shall be regarded as directly triggering such rights for contractual exemption. 
The thesis is focused on reflecting the possible applicability of Article 79 CISG to the Covid-19 and also the possibilities to exempt from it. As the automotive industry has a great impact on world trade it serves as a focus point to reflect the impact of Covid-19 and the possibilities for the seller or the supplier to be exempt from its contractual obligations.}},
  author       = {{Salo, Susanna Christina}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Covid-19 pandemic and Changed Circumstances - The applicability of Article 79 of the CISG to events of force majeure nature with focus on supply contracts in the automotive industry}},
  year         = {{2021}},
}