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 Article #  

  (1) If the seller delivers only a part of the goods or if only a part of the goods delivered is in conformity with the contract, articles 46 to 50 apply in respect of the part which is missing or which does not conform.

(2) The buyer may declare the contract avoided in its entirety only if the failure to make delivery completely or in conformity with the contract amounts to a fundamental breach of contract.


Issues       
# Cases
 1 Incomplete or partially conforming delivery
Country # Cases  
Germany 2  
Date Court
25.06.1997 Bundesgerichtshof
21.11.2007 Oberlandesgericht Koblenz
2
  1.1 Application of Arts. 46-50 to missing or non-conforming part of delivery
10
  1.2 Avoidance (termination) of contract in entirety
5
Total: 15


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