Fundamental breach and the CISG: a unique treatment or failed experiment?

Abstract

Builds on and questions suggestions by Koch, who pointed out that academic writing and case law points to several approaches in the application and interpretation of Article 25 CISG. Koch furthermore advocates that pursuant to Article 7, a unified and coherent approach is necessary. The paper also briefly examines the common law approach to fundamental breach, the connection between Article 25 and to Article 8, and a ‘functional’ approach to fundamental breach as opposed to an ‘interpretative’one.