Limitation For Agreement For Sale

One of the situations that arise for the courts in the event of a special execution of an agreement to sell a property is the increase in the price of the property during the litigation. However, the courts have indicated that the exemption from the specific benefit cannot be denied solely because of the phenomenal increase in prices during the rationalization of litigation. In such cases, the principle of equalization of actions is again applied by the courts and, before the court grants or refuses the exemption from the particular benefit, the court is required to assess other decisive aspects, such as the issue. B to know who the defaulter is, if one party attempts to provide an unfair advantage over the other, the hardness that may result from the management of a defined benefit. , the unfair advantage that the buyer may obtain over the seller when an exemption from the special benefit is granted, etc. [14] According to paragraph 209, paragraph 209, p. 157: « The CISG recognizes that the contract may impose additional obligations on the purchaser (see section 61, paragraph 1, point 62 CISG, » « other obligations »); z.B. to guarantee safety, to obtain data, drawings and technical specifications, to provide certain materials or components, to comply with export or re-import bans, etc. The Incoterms agreement may be another ancillary obligation. Section 54 of the CISG provides that the measures and formalities necessary for payment are part of the payment obligation. The product specifications may be part of the obligation to accept the product.

However, Article 65, paragraph 1, of the ICSG grants the seller a specific remedy in this regard. » In the future, a sale agreement is to be promised that the property will be transferred to the rightful owner, while the value of the sale is the actual transfer of the buyer`s property. 1.17. In the case of claims for breach of contractual obligations, mainly governed by Article 74 of the ICSG, the parties are free to limit or exclude by mutual agreement the amount claimed and the circumstances in which damages can be claimed. [17] With respect to the limitation of other remedies under the GSS, which are rare in practice, the parties should not exclude all remedies in favour of the aggrieved party. [18] What the sales contract creates is the buyer`s right to acquire the property in question if certain conditions are met. Similarly, the seller obtains the right to obtain the buyer`s consideration in accordance with his part of the terms and conditions. 2.15. This rule emphasizes the parties` freedom to revoke one of the ICSG`s remedies, provided that the subject is not deprived of all remedies under the agreement.