The specific rule for compensation within the framework of the Vienna Convention on International Sales of Goods.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

10.21608/mjle.2025.454118

Abstract

The Vienna Convention on International Sales of Goods does not limit the compensation for the harmed party to the general rule, which consists of compensating the creditor for the loss suffered and for the gain missed, as mentioned by the convention in Article (74). Furthermore, the convention has stipulated another rule for compensation called the special rule, which is not an exception to or a restriction on the general rule, but rather an application of it. However, it differs from the general rule in several respects, such as the conditions necessary for applying the special rule, and it also differs in terms of the legal nature of both. In any case, the primary purpose of compensation, whether under the general rule or the special rule, is to remedy the damage suffered by the creditor as a result of the debtor's breach of performance, and to restore the lost balance resulting from the breach; thus placing the creditor in the economic position he expected to be in had the debtor fulfilled the obligations agreed upon in the international sales contract of goods.

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