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The buyer's obligation to pay the price and take delivery of the goods under the United Nations Convention on Contracts for the International Sale of Goods (CISG)

2024
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Advisor: Doç. Dr. Ayşe Tuba Akçura Karaman

Abstract (EN)

This PhD thesis on "The Buyer's Obligation to Pay the Price and Take Delivery of the Goods Under the United Nations Convention on Contracts for the International Sale of Goods (CISG)" consists of an introduction, three main chapters and a conclusion. In the first part of the thesis, general explanations about the CISG were made. In this context, the history of the CISG, the status of the CISG in Turkey, the application of the CISG, and the conditions of application in terms of place and subject matter are mentioned. "The Buyer's Obligation to Pay the Price of the Goods under CISG" is analysed in the second part of the thesis. In this context, firstly, the legal nature of the obligation to pay the price of the goods, what should be understood from the money expressed as price in the text and the nature of price in the types of performance are discussed, and then, how the determination of the price can be determined, and in cases where it is not defined, whether the contract will be deemed not to have been concluded under CISG Art.14 or whether it will be determined according to the current price under CISG Art.55 If this determination is to be made, how this determination can be made, how the place, time and method of payment of the price of the contract together with the price will be determined are examined in detail under separate main chapters with different court decisions and international doctrinal opinions. In the last part of this chapter, the conditions under which the buyer may refrain from paying the price of the goods are analysed. The third part of the thesis, "The Buyer's Obligation to Take Delivery of the Goods" is analysed under the CISG. Since the buyer's obligation is regulated in two paragraphs in CISG Art. 60, two separate sub-obligation groups are analysed in this thesis. Accordingly, firstly the "Buyer's Obligation to Take Over the Goods" under CISG Art. 60(b) is analysed, and then the "Buyer's Obligation to do all the acts which could reasonably be expected of him in order to enable the seller to make delivery" under CISG Art. 60(a) is analysed by examining of the Courts' Decisions and the legal opinions in the doctrine. In the last part of the thesis before the conclusion and evaluation part, a detailed examination was made regarding the conditions under which the Buyer may refrain from taking delivery of the goods.

Author

Dr. Sertuğ Sürenoğlu

How to Cite

Sertuğ Sürenoğlu (Doctorate thesis). The buyer's obligation to pay the price and take delivery of the goods under the United Nations Convention on Contracts for the International Sale of Goods (CISG), 2024, Galatasaray University.

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