Fundamental breach under the Convention on Contracts for the International Sale of Goods (CISG) and its consequences

"Convention on Contracts for the International Sale of Goods" in English and is used as "CISG" in our law as an abbreviation of the initials. Another name for the aforementioned convention in practice is the Vienna Treaty. The main subject of CISG is international movable goods sales contracts. This treaty brings uniform legal rules, like an international law of obligations, to resolve disputes, which arise from the international contract of sale of goods. The subject of this study is the concept of fundamental breach regulated in Article 25 of the treaty. What the concept of fundamental breach means and in which cases its existence is accepted are crucial in terms of the consequences it results under the treaty. As if there is a fundamental breach, the party exposed to the violation will be able to withdraw from the contract. In this respect, it is a critical issue in which cases the existence of the fundamental breach that brings such significant rights in favour of the party who has been suffering from the fundamentalbreach will be accepted, and according to which criteria is considered to find out whether the contract has been violated or not. The simple rationale on which the concept of fundamental breach is interpreted is to prevent the contracting parties from easily withdrawing from the contract and to allow one of the parties to withdraw from the contract only if the legitimate interest expected from the contract is violated. For this reason, in this study, the nature of the concept of fundamental breach the rules are to be taken into account when examining whether it has occurred, the way it happens in concrete cases and the consequences of the fundamental breach are conveyed.