Go to Database Directory

Lex mercatoria material related to Article 81 CISG

For case citations, texts and other lex mercatoria material on right to restitution following avoidance (termination) of contract:

  1. Go to the CENTRAL Transnational Law Database (TLDB).


    Click TLDB's "List of Lex Mercatoria Principles".

  2. Scroll to Chapter VI: Non-Performance, and from there to

    No. VI.1 - Termination of contract in case of fundamental non-performance

    "If a party's failure to perform its obligation amounts to a fundamental non-performance, the other party may terminate the contract. Both parties may then claim restitution, in re or in money, of whatever they have supplied to the other party. The exceptio non adimpleti contractus rule applies."

    The latter rule is set forth in Chapter V: Performance, No. V.1 - Principle of simultaneous performance

    "If the parties to a contract are required to render their respective performances simultaneously and have not agreed otherwise, each party may withhold performance until tender of performance by the other party ('exceptio non adimpleti contractus')."

    The TLDB database provides annotations to these texts. The TLDB annotations address Doctrine, Awards, Principles/Model Laws, Conventions, National Legislation, Terms/Rules.

Pace Law School Institute of International Commercial Law - Last updated January 28, 2003