El incumplimiento del vendedor y la transmision del riesgo en la compraventa internacional de mercaderias

Abstract

The assumption of concern is that the seller who fails to comply with some of the obligations other than the delivery of goods and, the buyer having been notified, the goods get lost or become accidentally deteriorated. The seller’s failure to comply does not affect the purpose of the notification of risk, and the buyer can make use of any of the reliefs the Convention foresees for the seller’s failure to comply. If the failure to comply is essential, the buyer could either rescind the contract or demand the replacement of the goods. If one of these reliefs is provided, a sort of reversion of the risk to the seller takes place accordingly, but limited to the goods affected by the incompliance, not to the remaining goods, and the seller has the right to demand from the buyer payment as damages compensation or services received by third parties, or the transfer of rights intended for that purpose.