Declaration of avoidance prior to the date for performance of a commercial contract according to the United Nations Convention on contracts for the international sale of goods and according to the Civil Code
Subject and Keywords:
The possibility to declare a contract avoided prior to the date for performance was introduced into Polish legal order by the Act of 30 May 2014 on consumer rights. The avoidance of a contract in case of an anticipatory breach is regulated by some foreign laws and by the United Nations Convention on Contracts for the International Sale of Goods CISG. According to the CISG, if prior to the date for performance of the contract it is clear that one of the parties will commit a fundamental breach of contract, the other party may declare the contract avoided. According to the Civil Code, it is possible to avoid a contract before the date for performance only when the other party declares that they will not perform their obligations.