Efectos particulares de la falta de conformidad de las mercaderias en la compraventa internacional

Abstract

The Vienna Convention establishes a broad concept of non-compliance that comprises all deviations of the debtor’s behavior in relation to the initial loan scheme, whose main expression is the failure to comply with the goods requested. Whichever the way this lack of conformity takes, it causes the effects of any noncompliance, and the common remedies — such as cancellation of contract and damages compensation as well as other specifications, such as specific compliance with repair and replacement of the goods in nonconformance and price reduction— are available to the purchaser. The complexity of the structure of this noncompliance mode justifies due acknowledgment to the purchaser of these specific remedies not stipulated in the Chilean civil law, constituting a manifestation of the business conservation principle that prompts the remedy system for non-compliance in the Vienna Convention.