Buyer's right of damages due to defective delivery under the Scope Of United Nations Convention on Contracts for the International Sale of Goods (CISG)

In this thesis, Buyer's Right Of Damages Due To Defective Delivery Under The Scope Of United Nations Convention On Contracts For The International Sale Of Goods (CISG) has been studied/examined. İn the first chapter of this work, the notion of defect and the article 35 which regulates the conformity of the goods has been discussed in detail. Subsequently obligations to examine the goods and to notify for the defects, that allows the buyer to rely on the lack of conformity has been scrutinised. The second chapter of this work concentrates on right of damages in the sense of article 74. In this regard, the general principles that are prevailed in the related article and the most frequently encountered types of losses in the light of the court decissions has been included. Then under the topic of calculation of damages, the detailed information is provided in respect to the general methodes of calculation of the goods, especially "concrete" and "abstract" methodes of calculation that've been adopted in the Convention. The matters related with the burden of proof and the relation between the right for damages and the other cures that are regulated in the CISG has been reffered in the last part of these chapter. In the third and last part of the thesis, the general information is supplied as regards to the question of limitation of damages. İn this respect causation, the rule of foreseeability and mitigation rule has been analysed extensively. Due to consideration of the international character of the Convention and the purpose to promote uniformity in its application, articles and studies of the international scholars and various court and arbitral decisions has been used throughout the thesis.