Abstract

ALBAN, Jorge Oviedo. IMPLIED EXCLUSION OF APPLICABLE LAW AND COMPENSATION DAMAGES FOR BREACH OF CONTRACT OF INTERNATIONAL SALES OF GOODS (ABOUT RECENT CHILEAN CASE LAW). Int. Law: Rev. Colomb. Derecho Int. [online]. 2009, n.14, pp.191-219. ISSN 1692-8156.

Based on the research of case law related to the application of the United Nations Convention on Contracts for the International Sale of Goods, this article analyses what was held by a court of first instance, a court of appeals and the Supreme Court of Chile, in the case Industrias Magromer Cueros y Pieles S.A. v. Sociedad Agricola Sacor Limitada, the first one discussed by Chilean Courts regarding the possible application of the abovementioned Convention. It studies the arguments and conclusions reached by the Chilean courts concerning the possible tacit exclusion of the Convention whenever it has not been claimed in the lawsuit, as well asthe possibility to directly claim compensation for damages caused by breach of contract. It is shown that the Convention on the International Sale of Goods was, in fact, the applicable law for the contract subject of dispute, despite the fact that it was not called upon in the suit. Moreover, fully applying it, the plaintiff had the right to directly ask for compensation for breach, with no need to claim neither for specific performance nor for the resolution of the contract. This paper based on a comparative study of foreign case law in application of the Convention on Contracts for the International Sale of Goods.

Keywords : International Sale of Goods; Tacit Exclusion; Compensation for Contractual Breach.; Bills of sale; Export sales contracts; Breach of Contract.

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