Fundamental breach of purchase and sale agreement its consequences in Turkish and Russian law

Fundamental breach of contract is a central concept in the Vienna Convention on Contracts and the Civil Code of the Russian Federation, which provides for certain legal remedies for the breaching party. The assessment of breach of contract by the criterion of fundamentality is at the heart of the system of impediments to performance established in the common law system. The concept of fundamental breach, which was included in the Vienna Convention on the Sale of Goods under the influence of the common law, was later included in the Russian legislation. The concept of fundamental breach is not regulated in Turkish legislation. However, with the entry into force of the Vienna Convention on the Sale of Goods in Turkey on August 1, 2011, the provisions of the said Convention have become directly applicable in Turkey. In this research, firstly, the purchase and sale contract is written in general terms. In the continuation of the paper, it is aimed to characterize the concept of fundamental breach within the scope of the system of impediments to performance adopted by the Vienna Sales Convention, the Russian Civil Code and the Turkish Code of Obligations in terms of comparative law. Our study consists of three parts. The first part analyzes the purchase and sale contract under Turkish and Russian law. The second and third parts of the study are devoted to the regulation of the concept of fundamental breach in the Vienna Convention, Russian and Turkish law and its consequences.