文章基本信息

标题：Force Majeure and the Doctrine of Frustration Under the UNIDOROIT Principle, CISG, PECL and the Ethiopian Law of Sales: Comparative Analysis
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作者：Yohannes Hailu Tessema
期刊名称：Journal of Law, Policy and Globalization
印刷版ISSN：2224-3259
电子版ISSN：2224-3259
出版年度：2017
卷号：58
页码：33-40
语种：English
出版社：International Institute for Science, Technology and Education
摘要：Pacta sunt servanda, which recognizes the sanctity of contractual obligations, is the most sacred principle under law of contract. Nonetheless, a party may be excused from the pacta sunt servanda principle in some exceptional grounds. Among other things, term like force majeure and the doctrine of frustration are often used to designate these grounds. The contractual rules on force majeure and the doctrine of frustration are not the same under all legal instruments. In this paper, the writer undertook comparative analysis on the rules of force majeure and the doctrine of frustration as enshrined under UNIDOROIT principle of International Commercial Contracts (here in after UNIDOROIT principle), The United Nations Convention on Contracts for International Sale of Goods (here in after CISG) Principles of European Contract law (here in after PECL) and the Ethiopan Law of sales. The comparative analysis revealed that, despite terminology differences, the rule on force majeure is the same in all instruments under consideration. As regards the doctrine of frustration, the writer argue that while recent developments read the doctrine of frustration between the lines of the provisions of CISG, its crystal clear that same conclusion cannot be reached under the Ethiopian Law of Sales.
其他摘要：Pacta sunt servanda, which recognizes the sanctity of contractual obligations, is the most sacred principle under law of contract. Nonetheless, a party may be excused from the pacta sunt servanda principle in some exceptional grounds. Among other things, term like force majeure and the doctrine of frustration are often used to designate these grounds. The contractual rules on force majeure and the doctrine of frustration are not the same under all legal instruments. In this paper, the writer undertook comparative analysis on the rules of force majeure and the doctrine of frustration as enshrined under UNIDOROIT principle of International Commercial Contracts (here in after UNIDOROIT principle), The United Nations Convention on Contracts for International Sale of Goods (here in after CISG) Principles of European Contract law (here in after PECL) and the Ethiopan Law of sales. The comparative analysis revealed that, despite terminology differences, the rule on force majeure is the same in all instruments under consideration. As regards the doctrine of frustration, the writer argue that while recent developments read the doctrine of frustration between the lines of the provisions of CISG, its crystal clear that same conclusion cannot be reached under the Ethiopian Law of Sales. Keywords: Performance Excuse, Force Majeure, the Doctrine of Frustration
关键词：Performance Excuse; Force Majeure; the Doctrine of Frustration