联合国国际货物销售合同公约(逐句中英文对照)(六)
2010-03-23 14:50阅读:
Section III. Remedies for
breach of contract by the buyer
Article 61
(1) If the buyer fails to perform any of his obligations under the
contract or this Convention, the seller may:
(a) exercise the rights provided in articles 62 to 65;
(b) claim damages as provided in articles 74 to 77.
(1)如果买方不履行他在合同和本公约中的任何义务,卖方可以:(a)行使第六十二条至第六十五条所规定的权利;(b)按照第七十四至第七十七条的规定,要求损害赔偿。
(2) The seller is not deprived
of any right he may have to claim damages by exercising his right
to other remedies.
卖方可能享有的要求损害赔偿的任何权利,不因他行使采取其它补救办法的权利而丧失。
(3) No period of grace may be granted to the buyer by a court or
arbitral tribunal when the seller resorts to a remedy for breach of
contract.
如果卖方对违反合同采取某种补救办法,法院或仲裁庭不得给予买方宽限期。
Article 62
The seller may require the buyer to pay the price, take delivery or
perform his other obligations, unless the seller has resorted to a
remedy which is inconsistent with this requirement.
第六十二条
卖方可以要求买方支付价款、收取货物或履行他的其它义务,除非卖方已采取与此一要求相低触的某种补救办法。
Article 63
(1) The seller may fix an additional period of time of reasonable
length for performance by the buyer of his obligations.
卖方可以规定一段合理时限的额外时间,让买方履行义务。
(2) Unless the seller has received notice from the buyer that he
will not perform within the period so fixed, the seller may not,
during that period, resort to any remedy for breach of contract.
However, the seller is not deprived thereby of any right he may
have to claim damages for delay in performance.
除非卖方收到买方的通知,声称他将不在所规定的时间内履行义务,卖方不得在这段时间内对违反合同采取任何补救办法。但是,卖方并不因此丧失他对迟延履行义务可能享有的要求损害赔偿的任何权利。
Article 64
(1) The seller may declare the contract avoided:
卖方在以下情况下可以宣告合同无效:
(a) if the failure by the buyer to perform any of his obligations
under the contract or this Convention amounts to a fundamental
breach of contract; or
买方不履行其在合同或本公约中的任何义务,等于根本违反合同;或
(b) if the buyer does not, within the additional period of time
fixed by the seller in accordance with paragraph (1) of article
63,
perform his obligation to pay the price or take delivery of the
goods, or if he declares that he will not do so within the period
so fixed.
买方不在卖方按照第六十三条第(1)款规定的额外时间内履行支付价款的义务或收取货物,或买方声明他将不在所规定的时间内这样做。
(2) However, in cases where the buyer has paid the price, the
seller loses the right to declare the contract avoided unless he
does so: 但是,如果买方已支付价款,卖方就丧失宣告合同无效的权利,除非:
(a) in respect of late performance by the buyer, before the seller
has become aware that performance has been rendered; or
对于买方迟延履行义务,他在知道买方履行义务前这样做;或者 (b) in respect of any breach other than late
performance by the buyer, within a reasonable time:
对于买方迟延履行义务以外的任何违反合同事情:
(i) after the seller knew or ought to have known of the breach;
or 他在已知道或理应知道这种违反合同后一段合理时间内这样做;或 (ii) after the expiration of any
additional period of time fixed by the seller in accordance with
paragraph (1) or article 63, or after the buyer has declared that
he will not perform his obligations within such an additional
period.
他在卖方按照第六十三条第(1)款规定的任何额外时间满期后或在买方声明他将不在这一额外时间内履行义务后一段合理时间内这样做。
Article 65
(1) If under the contract the buyer is to specify the form,
measurement or other features of the goods and he fails to make
such specification either on the date agreed upon or within a
reasonable time after receipt of a request from the seller, the
seller may, without prejudice to any other rights he may have, make
the specification himself in accordance with the requirements of
the buyer that may be known to him.
如果买方应根据合同规定订明货物的形状、大小或其它特征,而他在议定的日期或在收到卖方的要求后一段合理时间内没有订明这些规格,则卖方在不损害其可能享有的任何其它权利的情况下,可以依照他所知的买方的要求,自己订明规格。
(2) If the seller makes the specification himself, he must inform
the buyer of the details thereof and must fix a reasonable time
within which the buyer may make a different specification. If,
after receipt of such a communication, the buyer fails to do so
within the time so fixed, the specification made by the seller is
binding.
如果卖方自己订明规格,他必须把订明规格的细节通知买方,而且必须规定一段合理时间,让买方可以在该段时间内订出不同的规格。如果买方在收到这种通知后没有在该段时间内这样做,卖方所订的规格就具有约束力。