SPECIFIC PERFORMANCE OF INTERNATIONAL SALE CONTRACT: ENGLISH LAW, MYANMAR LAW AND CISG
Abstract
- Specific performance means the execution of a contract according to the precise terms agreed upon. Specific performance is an order of a court which requires a party to perform a specific act according to the agreed contract terms instead of paying damages. Under English Law, in the case of a sales contract, if the goods are unique and impossible to obtain elsewhere and the term of specific performance is granted as an exceptional remedy and is granted by the discretion of the court in very limited circumstances. Under the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the CISG), specific performance is the primary remedy rather than damages, which intends to keep the contract continued. It appears that the remedies which are available for the buyer for breach of contract are different from form to form. However, under the English sale law there remedies are very limited such as termination and damages. Under Myanmar Sale of Goods Act 1930, in order to claim a specific performance subject to the provisions of Chapter II of the Specific Relief Act. These remedies to be more elaborated in the Vienna Convention 1980 on Contract for the International Sale of Goods (CISG) compared with English Sale of Goods Act 1979 and Myanmar Sale of Goods Act 1930. This will be followed by identifying which system of law contains the more appropriate rules to be applied to international sales of commodities and international sales of manufactured goods.
Collections
Year
- 2019
Author
-
Khin Hninn Wint Kyaw
Subject
- Eco+Law
Publisher
- Myanmar Academy of Arts and Science (MAAS)