This study compares and contrasts the remedies available to an aggrieved party under the United Nations Convention on Contracts for the International Sale of Goods to the equivalent remedies in the Mexican law on sales. The purpose of the study is to establish that, although the remedies of Specific Performance, Damages and Avoidance are contained in both bodies of law and are in principle equivalent, they are neither exercised nor applied in the same manner In order to achieve an informative comparison, it is essential to analyze the letter of both pieces of legislation and to consult relevant academic literature. It is also pertinent to explore how judicial and arbitral tribunals have interpreted the Convention for the International Sale of Goods and the Mexican law on sales on each topic This study will, thus, provide legal practitioners, academics, scholars and the judiciary with a better understanding of the applicability and implementation of the remedies of Specific Performance or Cumplimiento Forzoso, Damages or Danos y Perjuicios and Avoidance or Rescision, available under the Convention and the Mexican law, respectively The reason to make this comparison available to all of those who participate in international sales is, first, that they will find it useful when drafting contracts. Second, it is also relevant for determining strategy when analyzing a case of breach of an international contract of sale. Third, it will assist any tribunal responsible for deciding a dispute over a breach of a sales contract to which the CISG or Mexican law is applicable In sum, this study is relevant due to the fact that it presents the similarities and the differences in the main remedies for breach of contract contained in the CISG and Mexican law. Therefore, when facing a case of breach of an international contract of sales where the remedies in question are at stake, the interested party will have a precise tool to decide his legal strategy / acase@tulane.edu
| Identifer | oai:union.ndltd.org:TULANE/oai:http://digitallibrary.tulane.edu/:tulane_23454 |
| Date | January 2008 |
| Contributors | Salazar Tamez, Jorge Ivan (Author), Wessman, Mark B (Thesis advisor) |
| Publisher | Tulane University |
| Source Sets | Tulane University |
| Language | English |
| Detected Language | English |
| Rights | Access requires a license to the Dissertations and Theses (ProQuest) database., Copyright is in accordance with U.S. Copyright law |
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