BUYER'S REMEDIES IN INTERNATIONAL SALES CONTRACTS UNDER CISG 1980 AND VIETNAM COMMERCIAL LAW 2005: A COMPARATIVE ANALYSIS

Nguyen Tien Hoang, Ho Phu Minh Quan

Abstract

Abstract: In international trading activities, the appearance of dispute is unavoidable, especially on the seller's side for not timely and properly executing the contract duties. Therefore, the topic of buyer's remedies in resolving seller's breach of contract has attracted massive attention from the academic forum worldwide. The topic also makes up a major part in many national and international laws. However, regulations on such content are often different from one law to another. Acknowledging the above reason, this article aims to clarify the differences between the buyer's remedies under CISG 1980 and the Vietnam Commercial Law 2005 (VCL 2005). To achieve this aim, the article will focus on examining certain relevant CISG provisions against the corresponding VCL rules in a comparative setting. From the comparisons, the article will determine the practical consequences of those differences between CISG and VCL, and thus make the CISG more digestible to Vietnamese enterprises and legal practitioners.

Key words: CISG 1980, Vietnam Commercial Law 2005, buyer's remedies, breach of contract.