Rules Governing Anticipatory Breach of Contract Under the Vienna Convention on International Sales

Abstract

Following the descriptive analytical approach, this research addresses the rules governing the anticipatory breach of the contract under the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG). The first section of this paper presents the definition of anticipatory breach. The second section introduced the most important options granted to the parties to contract if the principle of anticipatory breach is performed. The problem of the study lies in showing the adequacy of the legal texts governing anticipatory breach under the CISG and an indication of the extent to which the agreement achieves a balance of interests between the contracting parties. The results showed that anticipatory breach is a principle that applies if one party is expected to fail to fulfil his contractual obligations to another party within the due date due to experiencing an economic crisis.