International sale contract. Non-performance of the handing over obligation by the seller. Application filed by the buyer for the refund of the paid price

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

According to Article 81 of the CVIM the refund of the benefits paid in virtue of a sale-purchase contract is conditional on the rescission of the respective agreement, however, according to Article 49 item 1 letter a) CVIM the buyer may declare the rescission of the contract if 
the non-performance of the contractual obligation by the seller has the significance of a serious breach of the contractual obligations, as defined by Article 25 CVIM. In the examined assumption, according to art. 26 CVIM, the rescission of the sale contract occurs 
by the simple unilateral statement of the buyer notified to the seller. It should ne noticed that the above regulation shall not establish any formal conditions regarding the notification of the intent for rescission, so that it is enough that the buyer’s intent for 
rescission of the contract result therefrom, and the notification may be served by any means of communication according to art. 13 CVIM.