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 Article #  

  (1) In the case of a contract for delivery of goods by instalments, if the failure of one party to perform any of his obligations in respect of any instalment constitutes a fundamental breach of contract with respect to that instalment, the other party may declare the contract avoided with respect to that instalment.

(2) If one party's failure to perform any of his obligations in respect of any instalment gives the other party good grounds to conclude that a fundamental breach of contract will occur with respect to future instalments, he may declare the contract avoided for the future, provided that he does so within a reasonable time.

(3) A buyer who declares the contract avoided in respect of any delivery may, at the same time, declare it avoided in respect of deliveries already made or of future deliveries if, by reason of their interdependence, those deliveries could not be used for the purpose contemplated by the parties at the time of the conclusion of the contract.


Issues       
# Cases
 1 Instalment contracts
4
  1.1 Fundamental breach in respect of one instalment
1
   1.1.1 Interdependence of instalments for use of goods contemplated by parties
  1.2 Breach in respect of one instalment indicating probable future fundamental breaches
Country # Cases  
Arbitral Award 7  
Denmark 1  
France 1  
Germany 1  
Date Court
21.08.1995 Landgericht Ellwangen
Spain 1  
Switzerland 1  
Republic of Korea 2  
14
Total: 16


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