All right, so. Yeah, this time. The connection on the connectional sale of loose.

So maybe

someone can tell me what the Professor Adosh managed to power in his lectures so far and

they said that each day you have not one but two lectures, right? Yes. So it's like 3 hours of

you are learning, so it means that you already have six lectures, so you must know quite well.

So what? What did he manage to call? Oh yes, because Monday was, yeah. What did he

manage to cover? You know, this is a question which you cannot answer wrong with was not

in the lectures the professors communicate with us. So we know generally what they cover

and what they teach you, but we are not there. So sometimes, yeah, last semester. I don't

remember which course was that. Thank you. I said the professor. Those six or seven

lectures covered only the basic foundations of European Union. Will sunset be, and they

separate course on so, yeah, quite frequently. They just followed the syllabus that they

create. So who can tell me what did he manage to cover? Motion. Of the formation of

contracts, yes, OK. And like. More details. Offers acceptance and. Change of the offer or

something. OK, that is something that we would need for cases today. Did he cover some?

Yeah. Historical introduction? You know, some. The general introduction invention simply.

OK, so we have three small hypothetical cases for today. So I'm not too big. So I think it will

be able to go forward earlier today than usual. So yeah, please go to open all that. Give up

sites that you know very well. Before some CSG. They all have this. Weird numbering 1006

that do you? For the unification of private law is that the UN body? It's not the UN body.

Because there's uncertainty, it's clear you see anybody because this report, 19 Nations

Commission international. It's not the end by the IT was established under the auspices of

the Legal nations, so I expect nothing. Created even before the Second World War. The task

of that institution was the unification private floor. They managed to recreate itself after the

Second World War set, but they are not in the structure of the United Nations, so ancestral is

not. Right. It's not really. Connected to the United Nations, but they did huge amount of work.

They adapted to two different conventions. So unscriptural, the UN body based this year,

CISG on the work of you so say did not begin from scratch. They already. I've had some. You

know, it's always nice that you create something memorable, but you do not really work

hard for that. You have someone who prepares. Prepared it for you. OK, so. Quite silent who
are the major participants of CIS? G last name some countries who are contracting states for

parties to see IG. Smoking about one of you. The other is Unicron you NIDROIT from French

Union draw additional International Institute for the unification of Private close. This one is

not. Exactly. Yeah, and. Say it again. Yes, yes. Unification like that. Yes, exactly. Is not, is not

different, but yeah. Yeah. So once again, it's good that you ask questions because you know, if

I speak and you just not hear, understand, it's not really the point where you're here. So two

institutions primarily responsible for developing CIG, the first one, the oldest one. You mean

the lot? The French compilation. The official name is International Institute for the

Unification of Private Law. It was established before the United Nations, before the Second

World War. It was established under the auspices of the League of Nations. The children

remember said thing from your tutorials in September and October. When? Discuss the

history of International public club. So the League of Nations failed. We have United Nations

instead. But you need right survive. It is not affiliated with the United Nations. It is a separate

institution with separate Member States. Yes, they have their. Headquarters in Rome.

Basically what they do is they develop. A dictation of private floor and the other institution

UNCITRAL, United Nations Commission on international trade law affiliated with the United

Nations established United Nations created CIS G based on the works of university. So they

just they didn't start. Say add for deed and say just. You know. Perfected it and created CSG.

OK, so who are some major contracting parties to CSG who participates in CS? You don't

communicate all of them, obviously, just some of them. Each. And also the United States is

partly to see SG most of European countries. Why we discussed it to stretch the facts that

seems really covers almost all international equity not really 100% but the major parts of

china is the biggest went maybe some notable absentees some notable countries that are not

participate CSG. Said do not participate in series chief. That you know. Yes, that's that's a

good example. Yeah, it's a huge country. Most of the medications are these days in India, but

also the United Kingdom for example. They also do not participate. Why do you think say it

chose to not participate, especially the United Kingdom? Let's. Some room for speculation.

You know everyone's participation participates US, participates Russia. Germany and

France. Why do you page chose not to? It also partially explains why India chose not to. Well,
OK, when you look at CSG. What does it remind you of? Something that you having, I'm sure

you having your national system. Contract law. Do you have a Civil Code in China? Yes. And it

really reminds you big part of civil post. Yes, that's what they want to be here, yeah. United

Kingdom. Yeah, so the UK is common word, is the place where common law is born and was

brought to other countries by colonization. And yeah, and they really have. Pensions is being.

Commonwealth functions and CHG BCG is really based on the civil location. Also the aim of

the greater society is she was to create something that would be accepted everywhere. New

languages. This is failed for its relative simplicity and easy understanding. So yeah, it was

created to be accepted everywhere, but common law countries struggle. Maybe that's

something to do with it. Yes. Remember. Tell us about his. OK, you ready? Yeah. Chairman

Huntsman. OK. So yeah, your name one or yeah, yeah. We. Yeah. From last night, yes. So one

is quite correct in his concern. Why the US? He's a state party to say she also is also a

common law country. Indeed, they have UC unified Commercial Code which really looks like

CSG. So for the reasons of personal economy of. I know producing unified uniform rules first

of all for the trade inside the United States between states or inside states, they opted for a

service to decided to adopt A cold. Cold is not really something common in common

countries. And yeah. Was that reason they decided that it is OK to join a stupid because they

already have a code of server own, so they just can harmonize it. If you really go deep in that

topic you will see that there are some conflicts between UCC 25 Commercial Code for the

United States. And CSG, so unfortunately, say. To not smoothly work with each other, we will

not really go deep into set, but we example the acceptance of offer differs between AG and

UC and it's a headache whenever wheels have to litigate cases and there is a conflict between

UC and CSU. Yeah, but this is absolutely Americans have to deal with. Our business, alright

so. Uh, why do we need it? Why do we need this conventionally? Test general. Question. On

the side note, those of you who were with me in the previous tutorials remember we

discussed at the beginning, right in the meeting. United Nations, you know, seems like a

failed institution was created to maintain. Those peace not have peace in all parts of the

world except for North America, yes. More civil wars, occupations, human rights violations,

torture. All kinds of things happen in the end. Technically fight it. This curity council is not
really functional because of the power of the permanent members. This is an example. Why

do we need United Nations, United Nations manage to produce or to be more precise, the

Commission? And the offices of the United Nations managed to produce a convention that is

useful and that is widely accepted. It functions. It works. Why do we need such a

conventional in the global level? It's pretty simple. Yes, exactly. It's it's perfect. Yes. So first of

all we use conflict, so we have uniform rules that apply all over the globe, I mean in the

countries that participate in safe, cheap and as a result the end objective the the main goal is

to cursor international. Three. So those are the main advantages of this. A cheap but do you

see or maybe Professor? There's so many. Just to remember, Professor. Maybe you speak of

some disadvantages of CG or you yourself can think of some disadvantages shortcomings. He

is cheap. Maybe it's it's not functioning perfectly. What you can think of? So. But it's it wants

to. It wants every country to account for property. I mean they have to make some, make

some compromises when they are contracting this table. So I think you've changed their

national well, yeah, yeah. So this will resolve change some. This is very big. And if it's. And

from that scenario says that not everything is regulated. In this case you know everything is

clear. Also the aim of the whole project was to make clear rules that are extendable. Yes,

maybe you can see some other shortcomings. In the CSG. How it functions? Your lawyers

think of conflicts, you know. Not every deal goes smoothly. Sometimes your counter agents.

Are, you know, not so prudent, not so disciplined. Quantitative. Right, so the aim of the whole

project from the CSG is to introduce uniform rules that facilitate international trade. But

there is no port, there is no cisg port in the, you know, the International Court of Justice in

the case. They do not educate on these matters. And this is Geo on some conflicts between

parties located in different countries yourself, so you do not have a judicial body. That is

responsible for uniform interpretation of this Convention. Of course, you have some

scholarly writings, but every scholar has their own opinion. There are official commentaries

by ancestral, but once again, they're just commentaries and. Those who write them. Different

opinions, different visions. They come from different backgrounds. So what kind of problem?

You see? And we mentioned that you have a conflict with confrontation and you have

disagreement or the interpretation of the. And there is no one single universal judicial body
responsible for predictions. Yourself that there is no. And who interprets that and then?

National. Yeah, yeah. That's what I wanted to do. So. Also arbitration. This arbitration is even

worse, because arbitral awards are not necessarily, but they are not usually published. OK,

many arbitrary words, just the private. So yeah, did you send some? Of the human from

arbitrary work is even more headaches than like in the usual judicial setting. And what we

have in the result is Julia Point gives you. Your name is. I. Yeah. Yeah. OK. Yeah. Yeah. And

truly have told us. Of course the primary responsible for interpretation of cities G and full

time difference. And even within one country, sports are different. If you have federal

countries, sometimes we have different laws in different parts of the same country, such as

China, which we will talk about that later. It means that the global juice students, I mean just

students of national courts in different countries differ significantly. We have very divergent

judicial interpretation of a court in one country interprets, you know, some particle of CHG.

In one way. Hey court in Northern country interprets the same particle in the same situation

differently and both those ports are right because they have the power to interpret as the G

given to them by their national law. And if you are lawyer working for global clients for

international. Infections you know, you always have to guess which kind of interpretation

will be used in case of a conflict between your client and set counter agent for legal scholars.

The main problem is that the interpretation is divergent and. We like uniform fund

interpretation instead of district. Patient. So. Yeah, now uh. OK, so the simple question, when

does the CHG apply? I think you Julia wanted to just repeat the same answer for that. And.

Through the private, private international law with conflict, but the conflict leads to the law

of 1 member State. Great really nice so yeah states. National law leads to the application of

the law, contract, and state. Regarding paragraph subparagraph 1B, when the rules of

private international law lead to the application of the law of reconstruction state, is it

always so or there are some exceptions? The first one there, yeah. One one, yeah. OK. So the

first mention it, yeah, or just know it because of. Well, anyway, yes, so it's not always the

case. The contraction states have an option to make your reservation and do not reply.

Subparagraph 1B, article 11B. So if you have a transaction between. One party has dislocated

in the Noncontractile and the other party is located in the states that adopted the state may
be restoration as to Article 11B. And the rules of private international law lead to the

application of the law of this state that make such reservation. It may not apply stage G

specifically because of their solutions. More or less, yeah, great. So. OK, so yeah, here comes

this question. I'm really interested to hear your answer. That's CSG applied to Hong Kong

and Macau. Question. So. And that seems to the like the pump. Maybe let's approach it

yesterday. Why do I even ask that question? What is so special about Hong Kong? I'm not.

I'm not asking about Tibet and. Shanghai, for example. Controversy about the cases. But

what is the status of Hong Kong and Macao? I just want to because I didn't really know much

about this. Years of people you know more about. Constitutional place of Hong Kong and

Macau in China. Yeah, exactly what country? Well, I guess if you should be in China, so Hong

Kong previously belonged to who? British and Macau. Portuguese. Portuguese exactly, yes.

So since they returned it to China. Yeah. What's like? What's the situation? Wait, what? I'm

curious about because I couldn't really find this on the Internet. That you leave like in

mainland China in Beijing. Yeah. If you want to go to Macau or Hong Kong, do you need any

kind of visa, 30 minutes approval? Yeah, OK, because I didn't know Only for seven days if you

want to stay longer. Well, some kind of paper. It's the same for my car. OK. Well that's, that's

really unusual I mean. I don't know of any classes for you need to ask if permits to go to

some part of the country of course we have some you know restricted areas uh seven days

where, where do you go? Like where do you apply for this condition? Just deal with. Issues.

And does it work vice versa so if if you are born and raised in Hong Kong? Beijing or

Shanghai. We need also to get some kind of permission from someone. I love this though.

Because like, yeah. To be like, yeah, warning and then I don't have to some connection with.

Theoretically, if you. Maybe. Well it's like it's like you need to get a permission. OK, so if you

want to go from Beijing to Hong Kong, you need to ask permission like from Chinese police

or Ministry of Internal Affairs, not from Hong Kong, right? Not not ask them like the main

change. Yes. So we have two different or three different legal systems, money in mainland

China and separate systems in Hong Kong and Macau and below said China is a state party to

G and no one. Questions the fact that conflict and how that changes. So does it means that

these cheap applies in Hong Kong and Macau? We have this in one of the cases, so you don't
have to find an answer this question anyway. Or we can do it. Your country, you know it

much, much, much better than. Tonight. This question OK. Seems like. 1986 China trying to

enter into the CSG and with that time Hong Kong ever come back to China. So because of this

reason in that Hong Kong not enter into. Chinese government just. Which says that Hong

Hong Kong come back to China. China issued a list website some treaty can be used in. Can

be applied in Hong Kong, but there is no. They are still in the list, but I so in for a long time

there's G cannot be applied to Hong Kong, but I see that in the Internet is said that from 20.

Yeah, last year. Testing can be applied. Yeah, so we could not reply. You know it's. It's not.

Internet. Internet, yes, it it's larger, right? So indeed there's jewel, right? Yeah, yeah. It's told

us Hong Kong itself was not required before it was China. Probably for the same reason the

UK still multipart disease due because of common law system and all this stuff. Yeah, but it

was returned to China. It was unclear whether says she applied until until last year was

unclear, but CG applied to Hong Kong or no, but indeed, I guess in May 2022, the Chinese

government. The meeting. That. The UN Secretary General Depository of Reconvention that

CSG now flies to Hong Kong. I guess the reason was that the Hong Kong Parliament, the

Legislative Assembly. Exactly. So now with the place there and from the 1st of December

2022, so no, only, yeah, less than five months, it does apply to Hong Kong. When we talk

about the CS, you specifically what we need to look at is Article 93, which really deals. All

these questions. It's a very good one you could contact. The state has two or more territorial

units in which according to its constitution systems of lower applicable in relation to the

matters dealt with in this in this Convention. I think these are purely describes the situation

of China in different legal systems. It may. It's time signature edification. Acceptance

probably declares that this convention is to extend to all structural units, or only to one or

more of them, and may amend this declaration by submission. Nothing declaration and any

time so you can. If you have such a situation, you can submit a declaration so. Everyone is

clear on where. One on each parts of your country decide she applies to and which it doesn't

apply to. What happens if like China did that? Yes, I mean. Prices cheap. Branches that have

several different units with different people systems simply does not submit them the

declaration. So it doesn't say because it applies to all territorial units or doesn't apply to
some curricular units. What's like the default Google. How many of you have visited on .4?

You OK? The hunter. OK. Couple of years ago I saw it. Internet show about the situation

based property in Hong Kong. Like it's so expensive to live there because the territory is

really really small. They built huge buildings, you know, not like here in Germany where

most of the buildings are. Four or five stories and yet it is so expensive to use there. Please.

So the answer is really in the same article. You just need to Scroll down South, paragraph

four. We're Speaking of five people, 96 S paragraph four, if they contract and state makes no

declaration of the paragraph one of this article, the convention is to extend all of that state.

So the default rule is that you have. Knowing the systems and you end this CAG and you

make no declaration, it means it it is assumed that the SG applies to all territorial unions. The

problem with Hong Kong and Macau was the law on succession of states. So if we have

several states, and since they unite for one state becomes another state, there are public

international law rules on what happens. The general rule is that usually, like the new state

is party to all the treaties that the all state was. For example, it was the case with. The device

with Soviet Union, yeah, usually almost all the countries of the former Soviet Union, they

continue to be parties to the Treaties and the Soviet Union was a party to. Always. And with

Hong Kong and Macau, you know, say just. Change China. They do not become new

countries, separate states. So there was a different and quarts in many countries. They

decided that component as the THP does not like how despite the rules that are contained in

this CSG. So there was a controversy, that's why we're talking about it, but once again is told

us on Hong Kong. No clear change. Notify, everyone said now applies to Hong Kong. Alright.

Do you have different parties in mainland China? Yeah, OK. And in Macau in different times.

It's really unusual. Yeah. Do you have any other things too? I mean, I'm excited to learn more

about Hong Kong. Nothing. Thank you. OK. Uh. The last question before we go to the cases,

we should go to the case because, yeah. It's possible. How do you interpret this? Like, can

you tell me about any rules, any hints that itself gives us in the matters of its own

interpretation? Any principles? Someone's voice. And the interpretation of this Convention,

regardless, to be had to its international character. And they need to promote any formatting

and supplication and their servants of faith in international trade. And the second
subparagraph questions concerning that. After we set up the general principles on each this

base four in the existence of such principles and performatives below pickable by virtue. Not

enough guidance, let's be honest, on how to interpret these cheap because well, as you can

see in the second part of subparagraph 27, in conformity with below the right international

law, and here we go back to what we discussed at the beginning, the divergent. Page 10 of

SHG. This is one of the sources of this diversion. Interpretation sees you specifically allows

us to interpret. If information is the law we could move by virtue of those private national

law, which is always national law and national law differs in different countries. So. Yeah.

OK, let's go to the cases now. The PDF file that you downloaded, hopefully downloaded at the

beginning. Uh. Alright. OK. Who can read out the first case? It's not really long, so. The

simplest task just to really help. Well, I think it's a whole contract and we can see that in

Article three of that is true. It has some. It was a provision about how to deal this situation

and in this case the the main part of this contract is it's the motions of the about the delivery

and install is not the main part of this contract and also. While you the mentions is 11 million

and it's much more so I think that. Yeah. And so for me, oh, just for me, it's, it's a. It's it's still

our contract about international sales. So I think that as you can govern this contract. Well,

any higher thoughts? Your name is Sam, right? Yeah. Right. So, yeah. Search on my bad son is

right. Uh, yeah, very well done. You cannot really break contracts like that, you know, let's

say that this contract has only one article per, you know, like this supply of this type of

machines. They cause this much. OK, and the second paragraph of this article. The, you

know, technicians come and say installed and of course so much so, this is just one small part

and all other conditions are governed for both, you know these small parts of this context. So

what I mean what I want to say is that you cannot really dissect it and. You know, make two

contracts out of 1. Moreover you have more substantial arguments. You know, probably if

you are the buyer of this machines you don't need just you know huge piece of some

machines of some metal. You want them to work, to produce something for you and without.

Technicians, you are not interested in this contract. Maybe someone even offered you this

machines at the cheaper rate, but without no, without the technicians I don't really need

that. So generally, like my main want to accumulate is that you cannot dissect and break. And
indeed, some told us we need to look at Article 3. But subparagraph to this Convention does

not apply to contracts, and which the preponderance. Preponderance means the main the

biggest part of the obligations of the party to furnish it reduced, consists in the supply of

Labor, or. This case we have supply of Labor or other services, that's what the technicians

will do. But is it the preponderant part of this transaction? I think no, because it says very

clearly that the machines cost $1,000,000 and the services of technicians cost only $200,000.

So it's five times that. Of course you can. You can argue the other way. Just the beginning. But

if you apply simple mathematics, which is that most of the money paid by the buyer is for the

machines, so you can suggest that the services of the commissions are only a small

subsidiary part that contract, so in this case. Practical 3 subparagraph 2. On the basis of this

tradition, we can do this. See is she does apply this transaction. Thank you very much. Time

for supporting actor 3, subparagraph 2. Any questions on this? Not sure if you have. OK,

here's the questions if it's not really underlines. That's CSG applied to software. So let's say

you are in China, mainland China, the concern for Macao and then in Germany and. I cannot

quote, I cannot produce any software, but that's images that they can and you buy some

software you need need to develop some some software that you need not for personal use,

but for your factory or something. Does the CIA GFI to our transaction? Not machines, not

goods, not commodities. Software. You pay the money you receive. Some cool. That's a good

article to the Convention does not apply to sales of goods for personal, family or household.

Use it bold you you buy the software not for personal use by 4 and you factor. So that

paragraph eight is not really about this by auction, no on execution or otherwise where

certain flow not really of stocks, shares, investment securities, negotiable instruments or

money also know ships, vessels, hovercrafts, aircraft also. Electricity, no. Software really

doesn't fall into any of these. Exceptions that we have. Any any other thoughts? No uniform

safe program answer to this question. You can argue both ways. You have a point that you

can't perceive it as a service because I will develop software that you need, not just some

kind of software, but the software that you need to say 30 and needs, you know, suffer from

this, this and this and work this way and I'm saying OK. Special piece of sauce there for you.

It really does sound like a service, you know? It's probably the same thing as you have
someone to pay involves. Of course you tell them which color do you want. Some other

things, but on the other hand, in the end you receive. A book. You know. You receive code,

probably. You can put it on a flash drive on USB stick. You can also send it by e-mail. So you

pay for something that you receive. You cannot really touch it, but you can transfer it, you

can delete it, you can give it to someone, you can destroy it. You can disseminate it so there is

no safer transfer in the case of this DSG. It is usually very good like it's separate from the

national system. The reason why the CG not clear on is because this is chief is bold. It was

adopted in. They probably 1968, well in the 1960s, so it was enough to find the software was

not really. A. You know much tradeable. Good service and you cannot really amend or

development CHG. So back to our discussion on the disadvantages of this is. Inform

application. Also mentioned some laziness. In this age she also probably the most important

one, the version interpretation. But also in some ways you CHG obsolete. It means that it's

too old, it doesn't keep up with the modern development. For example, yeah, let's. Find this

article. Article 13 for the purposes of this convention, writing includes telegram and telex.

Who uses telegram or telex this space? I mean, I mean, I'm not even sure Telegram, not the

messaging app, but like the real telegrams that you. I know. Yeah, the first probably like this.

Yeah. Yes. That's what we saw in the movies. I never saw it. Being real life, so it shows

obsoleteness. Which also applies to electronic contracts, but even this is not 100% sure. Uh,

yeah, why did you start this discussion on? Of this fun. Well, anyway, yeah. So it is not clear

whether the place the software, because it's not clear where the software is. OK, let's move

to the next one, case 2. Yeah, read it out. No, no, no. I don't want you to thank you for just

being prepared. Who who else can? OK, nice. Voice. It's not. Two large. Case number 2. You

want. Do you have it? On January 1st on the date in Humburg, sentence deferring emails of

the beach in Amsterdam offer 1000 bags of. Direct cost $150. Shipment from Canada in the

first common ship clear US consults the published these ships and sees that ship name

appears, which usually transport code is planned to arrive in Amsterdam from oh, it's. To be

humbled, yeah, from camera. On the 1st of February. From Monday. It's this a mistake? It

should have been replaced with Hamburg, but it wasn't done. So instead of Bombay, let's

imagine that it's numbered on the 1st of February, but also that they carry sheets also named
spent to arrive from Hamburg on the 1st of May. And we send an e-mail saying that he

accepts the offer sentence any vote to cotton on the cargo ship which arrives at Bland on

Thursday may be refused the cotton on rounding relate delivery. Thank you very much. So

once again, not Bombay, but it should have been in place. There's an imposter placed

because from Bay is in India and India. Of our little exercises we have. Thank you very much

for writing so just so everyone can understand what is going on Sir. Usually this hypothetical

social is cheap. I say always involve this improbable scenarios when. So count the agents say

very little, OK, so there is substantial clarity and you know the conflicts and rises. So we have

an offer, the office was accepted and. Yeah, there are two ships bearing the same name as it

comes from humble to Amsterdam. The first one should have is the first one arrives on the

1st of February, but it is a cold sheep. OK, it's usually transports cold and there is also a

second ship. Those named Peter List, which transports cargo all types of things and it last to

arrive on the 1st of May, so the offer was accepted and apparently the person party be in

Amsterdam thought of the first sheet. That's what it's called, and there's the name, both

Peerless. I think he did receive this boosted it's cotton, but it received it on the 1st of May. On

the basis of the CHG, how would you decide this case? Can we refuse the cotton from ground

to play delivered? You know, it's it's right like, yeah, four months. When you needed it. In

this situation I don't think we can refuse this because in the contract they are not a clear

deliver time. Just say she wants the first country and there has two different ships and in

these circumstances as a reasonable. There's no window. The first shape is transported code,

not the cotton, and the second one is a cargo ship. So I think as a reasonable person we will

think the second ship will be the first common shape. So it's likely delivery at the.

Reasonable time. Not so late time. OK, very well, thank you. She she. Sorry for. Yeah. So there

was no set date for the delivery. And yeah, usually cotton is not delivered on cold, she's

usually delivered on carbon sheets. Uh, can you or anyone else side some permission?

Obviously SG it's a nice line argumentation that it's reasonable person. I agree with that. But

can you cite any relation? In the TSG. 8 yes, great. Each part. Substation 2. Well, yeah. Well, I

would start basically the first paragraph I think this one applies to. OK, but let's say

articulate so well done for the purposes of this convention, statements made by and other
conduct of a party are to be interpreted according to his. Then where the other party knew

or could not have been unaware of, unaware, what's that worth? It's literally hard to

comprehend who's not have been unaware which means the other party should the exactly

thank you for said probably he would drop the seed sheets would be better as some people

are, so the other party should have known about the intent of the party. So yeah, that's the

right response to this hypothetical case. Thank you. Yeah, in this case, based on Article 81, I

would say that the other party should have known of should should have known about the

intention of the other party. And you know. In the circumstances of this case is that you

know problem is not usually shipped by. Whole sheet, I would say that in this case there is

no there's no ground to refuse goods on the basis of their delivery. I would say that the party

in Hamburg complying with its obligations, CHG. But yeah, in real life. Take over sessions,

patients, try to draft contracts as detailed as possible. So people, yeah it's, you know, it's, it's

a hypothetical scenario of course, I don't think that it is done like this these days, but

probably maybe 20-30. Forty years ago people did not have Internet and say look that. OK,

you love ships and you know, say first, say so the first one named fearless and it arrives on

the 1st of February. So they decided, OK. Yeah, but. And the CIA under the sea. I SG article 81.

There's no way to do any questions on this one? Not three. OK, so let's go to the last one.

Already read out. Maybe someone else can read out the last one. How? Get back to this

question. Without. 2022. Create an offer to an American. Yeah. I don't know. So are you

remove the offer when the acceptance was not

This is clear according to the contract between and the firm in San Diego or not explained

and slightly applicable article of these. Which one will be? Formation and to the contracts is

the court found to apply the Commission of Vienna. Yeah, OK, that's actually you need to. So,

yeah, yeah. Thank you very much. So, yes, dictation is clearly unclear. So yeah, how you the

firm stablished in Macau Sentinel from the 28th of December? OK. Understand the ago like

the offer, if accepted the offer and you send the acceptance and this January and the

acceptance reach the Macau turn on the 5th of June. But when this acceptance was traveling,

so we assume it was made by e-mail. On the 1st of January high, you already revoke the offer

so and the offer relocation reached the American firm on his of January. Pretty unpleasant
situation to counter agents and yeah before we start thinking of it. Yeah, just. OK, let's let's

find. Let's check the fine. The answer to the first question is there, according to the CSGO

binding contract between high and the firm in San Diego. Of these things. So we keep

questions is whether the offer was newly accepted. If you possibly accepted, of course we

can binding contract between you and the San Diego. But under the sea is cheap. Didn't

happen. The location which is operated. Acceptance. In this case, the the all, the the report,

the the the time we the report. Walk around. There is is after those after the. The patch

acceptance so I think. Keep keep. Because your comments opens up. It's all for cannot be

reformed. We have a meeting. Any other thoughts on this or maybe someone? Your name is.

Young. Yeah, I would agree with that line. So we should really look at Article 16, paragraph

one as you mentioned as you started until like contract is completed, an offer maybe revoked

in the revocation reaches the offeree before he has dispatched and acceptance and in our

case. The revocation reached the free of remains. Someone who accepts the offer already

after has dispatched the accept the acceptance. OK, so the revocation, let's look at our case.

Yeah, the revocation was sent on. The force of January, but the Octopus already accepted

from the surface January and it reached the American firm even later on the 5th of January.

When the acceptance reach the McCullough, we can also make use of Article 18, paragraph 2.

And acceptance of an offer becomes effective at the moment the indication of assent reaches

the offer. And acceptance isn't actively indication of assent does not reach the offer since the

time he gets fixed or if no time is fixed within the reasonable time you account being taken of

the circumstances transaction Floyd and oral often must be started immediately and that the

circumstances indicate otherwise. What would be the most useful guarding sentence of

another the cancer effective from the moment the indication of the reaches the offer. So we

can say yeah, so another question what is the date? Like which day it was concluded. On the

3rd, on the 4th or on the 5th change in light of what I just said. Well, if article 18, paragraph

two and acceptance of an offer becomes effective at the moment the indication of assent

reaches the offer when the acceptance reached high. You. It's. January right the offer. The

acceptance was sent from Santiago and reached Kayum on the 5th of January. So today the

contract was concluded is 5th of January 2003 OK and? The. Most exciting for me part which
law will the court in California apply to the contact information and to the contract? Is the

cording to the fornia bound to apply the CHG? Can you answer this certainty explaining why

or why not cite the people of articles? Obviously is cheap, so the United States is a party. She

and California as well. So on this side it is quite clear. We also know that CSG applies only

when those parties are from different contracting states. And the other parties from Macau?

I'm not from Hong Kong. I'm not from mainland China, but still from China because Macau is

China. So what did you say on this one? Do we have two parties located in different

production states? Preempting your follow-up question whether the US made the

reservation under Article 11B. Yes B so in cases where rules on private international law due

to their education. Of the US law, it is not bound to apply the CSG. So in this case CSG applies

only if most part is not going to the American party. But Kaiju is also located. CSG so yeah,

that's the CG applied bold. Probably we should have answered this question first and only.

But. Well, anyway. Sorry, I don't hear it clearly. OK, you should have. You should have told

me. Which article is reserved by the United States? Say it again. I don't know which. Which

article is reserved by the United States? By the United States? 11B. So yeah, let's see. This

dimension applies to contracts of sales. Can you hear me now? Yeah, this convention applies

to contracts of sale of goods between parties whose places of businesses are in different

states. Subparagraph B, when the rules of private international law lead to the application of

the law of practice states that is something that we discussed at the beginning. So if we have

a transaction between a party. In a contracted state, and the other part is located not in the

contracting state, not in a cheap country. If the rules of private international law literally talk

to the application of the law of the first country, which is the party, then the CHF. That's the

usual rule, but many countries and they are allowed to do so on this. On this deal CSG, they

made a specific reservation that Article 11B does not apply to them. So if you have in this

hypothetical situation, the first part is located in the US. In America and yes participated.

Nothing move to state but the rules of private international law. These to the application of

the American law. The CSG will not apply. Why? Because the United States of America made

a reservation and I guess I truly asset or. China also made such reservations. So yeah, but our

situation is different. The first part is in the yes. Second one is in Macau. Does this a chair
applied? You see, if if it was one point, the answer could be pretty clear since 1st December

2019. Two, because last year China made the declaration now exclusive clear to everyone in

Hong Kong is a party to the CSG, but they did not make such a declaration concerning Macau.

So what? Readers. They see my child OK. 9 minutes left. So this one should you have to

answer that question to your employer or boss or friend. Reservations, yeah. Uh. The

meaning of the reservation is coming because of. Some information for this reservation and

the art is there are three methods. Queen, Queen have created this reservation. All right.

Yeah, one is. Let me see one is. I mean the, the, the, the, the contracting state, the contracting

state of this, but in this paragraph means the state where the where the court is this is. First

interpretation application. The second is the contracting state. The contracting state which

may take which makes the reservation in this paragraph is. Uh is, is, is, is, is a state which is a

state of. Who's the Lord is the yes, yes. And the second one is? Someone is the pockets

belongs to the state. Which made this reservation. I mean because I checked the some

information and the F1, there are three interpretation for this reservation. So which one is

is? I mean which one is correct of I'm interested, OK, so as we discussed this interpretation

in this case, it means that this declaration will be interpreted by the court, ceased to resolve

the dispute. So the court where the dispute is. You know, place where the case is heard, that

court has to decide how to interpret the declaration, because that court has to decide

whether CIS CIS G applies. So I think this one here, so you have this as we have in our

hypothetical case, this conflict, this case was submitted to an American court, right. So it is

the American court that has to interpret Chinese declaration and has to do ultimately decide

whether Case G applies or not. I mean, I don't see any other options, you know? And they try

to dispute with the other party. Yeah, you, you should, you should deal with the court. You

cannot go through the government that issues that declaration and ask for the official

interpretation of the declaration. So the first part and the second part is, you know, the

declaration is pretty clear. I didn't like the original that they assume just says that. Cheese,

cheese or now sees she applies to Hong Kong as well. I think it's that's answer your question

or so like the the answer is that the 4th season to hear the case has to interpret it. This

means it depends on the interpretation of the code, yes, yes, of course. So there isn't any
formal official interpretation about reservation. Well, maybe China or, you know, if you

speak not of China and has a countries that issues impression, issued some official

interpretation, maybe it should be taken into account, but I don't. Declarations pretty clear.

Is it that sort of question? So what do we do? So before the Hong Kong Declaration was

adopted, probably this case would have been decided easier, because most of the course, not

all of them say, interpreted the situation as. In in such a way that the CIA chief is not applied

to postpone and Macau for the reasons that we discussed because below the succession of

States and you know, those regions did not produce seeds cheap and they were not the part

of China and China did not issue any declaration. Well, it is. Actually contact arguments that

they change did not issue any lation Well, I think it is not. Yeah. I don't see that Portugal. She

left. But, but it's those regions, yeah, at at that time, yeah, but even. They they they word

apart, it was a party until 2010. And then you mean Portugal, Portugal and then say OK yeah.

So like before before they do dictation. Well, it's a nice way to argue but I found some like I. I

did some research on it and a lot of people just talking about Hong Kong and CS, the

relationship between and it. There is much less material. Yeah. How? How? It's not that.

Because you didn't go to my car. Probably because it's boring. That's the reason why people

chose. Yeah, it's nice line of argumentation. I think even in the times of of the colonial rule

over Macau, like even within the Portuguese Empire, it was a different video system. OK, I

seriously doubt said. The same, exactly the same will supply to mainland Portugal and to

numerous colonies. So even if the Portugal will see part of CHG, it does not mean that much

power. So which are really 2 minutes left? Three minutes left? The answer is that in this case,

probably the CSG. Does not apply precisely because of the whole point perforation. So before

that we did not have any declaration inefficient Chinese declaration on this matter, but now

we have one on Hong Kong, so we can assume that, say, ship lies only to mainland China and.

Because. There's the declaration, but the declaration says nothing about Macau. So as any

reasonable person as she used this expression, any reasonable person would say that, see if

she does not apply to Macau, because Macau did not without the seeds cheap. And the

Chinese declaration does not have anything about Macau, but it is not clear. You can argue as

a way and in fact you know more about this. I think the ultimate answer to that question
place in the constitutional place in the constitutional law of China. All right, this is it for now

and unless you have any questions. That you want to all right, then. See you tomorrow at the

same time, please. Powerful. Sharon. Canada. You know. Do you love? Well. You. Probably.

You. Birds. OK. Uh-huh. Yeah. Channel. That's. Well, can I show you? So y'all help. You got.

Please open following time So yeah, we will see the first two cases return to the passing of

risk. What risk is there are risk all around us and obviously when you trade sporting

partners there are major risks that your goods can be destroyed, that someone can steal

them. Most of the goods are still transporting by sea and fighters see is very much. So, you

know, pirates can just. So there are. So the first two hypothetical situations deal with the

passing of risk beginning the first one because situation. Community. The gift. The chief. 1.

Today someone else can help. OK. Kiss. Those. Because millions of dollars. So it's not the. It's

not very small. Most that you can just brush off. So yeah, once again according to the sales

contract, the seller was obliged to produce goods, pass them and gets them ready on the 1st

of May and also the seller was obliged to keep the goods ready for pickup. Through the

whole month of May. So starting from the 1st of May and then till 31st so the whole month of

May, the buyer can pick out the goods and the seller was supplied to keep them ready. But

on the 10th of May, before the goods were picked up. So each party best risk for the loss of

goods. What do you think? Yes, you can pass. The buyer still have to pay for the goods

because it looks to me, is that the seller really? Of life is the founder of the goods were ready

on the 1st of May. They were stored in the warehouse of the seller. You know the seller did

everything they should have done. Obviously fire is not something that you can predict. It

was not the fault of the seller still not picked up, you know the buyer would have picked up

some on the 9th of May. They wouldn't have this case, everything would be good. With go

ahead, have a question? For the buyer to pick them up on main first through. 30 votes, three

cases. Home means of transportation who? Who makes the kids stand for? Has to come to

the warehouse and pick the goods and transfer. Yeah, both. Treatment for. For the next year.
The professor elders power. You didn't. OK. Oh, he was planning to do it tomorrow, right?

Happens all the time, so you will be prepared for tomorrow. Well, I think he's kind. Well.

Then don't be afraid to face as they challenge. It should be handed over. Yeah. OK. So the

buyer should not pay for the goods. So the reason is the risk is the risk. Any other thoughts

or comments or absence? I think the. Obligation. The range for the transportation is

attributed to the and then. According to. 16-9 and then passed to will be passed to the buyer

when the buyer actually takes over. It's correct. I wouldn't say that. Here, but you pretended.

Basically in the right direction in Chapter 5. So yeah, you should look at Article 66 first. Loss

of or damage to the goods after the risk has passed to the buyer, that's going to discharge

him from his obligation to pay the price unless the loss of damage due to an act for

permission of the selling, so. Once the goods. The reason has passed to the buyer. Whatever

happens to the boots, the buyer still need to pay the price. The key question is when the risk

passes from the seller to the buyer, and indeed this chief directly said we should do. Article.

69 cases not within Article 8, the risk passes to the buyer when he takes over the goods, or, if

he does not do so, in due time from the time when the goods are placed at his disposal and

he commits the contract. Did they deliver? So in plain English, it means that the risk passes

to the buyer when the buyer picks up the goo. Unless the fire is in default on his obligations

to pick up. In our case the virus not in the default, the buyer had a higher period time

window. If you wish from the 1st of May I think the Circuit 1st of May. So even if the buyer.

With those to pick up the goods on the last day of May, the buyer was still in full conformity

with his or her obligations. If it happens on the 10th of May before the buyer picked up the

goods and it means that there is did not pass to the back, the risk was killed with the seller

and in our case it means that the buyer should not pay the price and yeah, the loss are on the

seller. Unfortunately so, yeah, the seller. Suffer. If not really the most difficult one, any

questions on this one? You can ask questions tomorrow, Professor Eric, if he's going to have

a passing of the rest tomorrow. Yeah. Has confirmed the publication that identifying the.

Identifying the goods. Marking the. Documents. Folders. Oh, you mean are you mean? Yeah, I

think well it's not really good question. You can fax them in boxes and right in the boxes that

those are used for that person. So it doesn't really matter whether this was your identified.
Separately or with. For office clients, probably what he meant is like how we establish that.

Teller complied with the obligations and maybe he's available. Indeed, he should send.

Usually he should send a written notification to the buyers that the goods are ready. They

are in this warehouse go. Yeah, usually somebody mentioned. Well, you can really go on and

say was there a written contract, for example, or was it an oral contract? Yeah, well, let's

assume that they notified. The buyer or ready? By the way, about written and total contract,

something that I forgot to mention yesterday, shoot contracts under the CIS G be in return or

they also can be in oral? And that's words. That's the CSG require the written form. For the

contract. No, not really yet. You're correct. But there is an opportunity for the contracting

space to make the reservation and say well under our law all contracts should be written

concerns this table so. Subsequent from there. World points are fine CSG, but the contracting

stays and make the reservation. Yes, it is the case. The case in China should be in recent form

like this. Well, I think like contracts that are small scale let's say on the market to be done for

I guess you know legal systems but you know his business commercial. But it's not a

requirement. All right, unless there are other concerns. Yes, listen to the second one. OK, let's

just move from here. Would you please read it out? If that does dictation to. During the

month of May. June, June they were destroyed by fire. The risk? Thank you very much. So

what do you think in this edition? It's pretty. Logically close from previous response from

from the discussion, it's basically the same article 6931. You just need. Clarify. Is the

outcome the same or different? You're right. Oh, I'd say because the the parade, the parade

they have agreed on is the last day is just 31 May and it was destroyed by a. Second and June.

So the risk has already passed through the fire, so the buyer should be. Responsible for the

loss. Yes. Thank you very much son. Exactly this is the right answer. We should look again at

69 responses to the buyer when he takes over the sport. If he does not do so in due time,

from time to the goods are basically disposal, breach of contract by failing. I think this is

exactly what happens in hypothetical situation too. There's a breach of the contract on the

side of the buyer. The buyer was obliged to pick out the goods until the end of May and it

didn't lose so. So the boots were destroyed in June when they should have been. So there is

passed to the buyer in such case. And yeah, he should pay the price to the groups and if it's
not, you know. The seller obliged this his or her complications because the reducer but to

the goods were throughout the May ready for the pickup. And you know it's not the sellers

fault the buyer the goods very well. Any questions on this? Yeah, so I hope, yeah, you could

this not an exercise in what you already learned. Then you will be an introduction to

Professor Eldridge, Tomorrow's Lincolnshire, on passing of three. OK. Let's move to a

dictation number three. Yeah, it's a little bit bigger. So, yeah. Six questions. OK, how we're

going to do this, so. OK. Let's just have a small recap. So yeah, we have an arbitration

proceedings in see the seed, it's called so China international economic and Trade

Arbitration Commission. You know anything about? And. You know particular about Seatac.

Some of you have their needs. So it's just an arbitration institution place where, yeah, people

where businesses can. Uh, yeah. So the contract concern is sales of some equipment for.

Yeah, for treating cancer, I guess, yes. And the contact had two parts, one concerning the

facilities itself. So the machines, this passive being stuttering. It means and that's the part

concerned some services. Yeah. And they took to supply the necessary services contract. The

shipping terms were determined as FOD #3 on board Hamburg according to international

2020, we will discuss in return. So we get the last question. Yeah, I had to have had to pay

half of the price as a month payment. So right the right after the conclusion of the contract

and the other half after the equipment is shipped as well as called. Usually they paid, but the

contract was not performed on the part of the respondent from the seller, because the

reason was that you recorded 19 pandemic, the factor of the supplier of essential parts to the

respondent had been closed down by government. So it means that, you know, the supplier

of some essential parts for these cancer treatment facilities was not able to ship these parts

to the respondents and respondent could not assemble these citizenship to claim the reason.

The point from there something. Nobody could predict or foresee, so let's yeah. Let's look at

the first question. Does the CSG applied to the transaction between the claimant and the

respondent? Explain why or why not. So the first one that's this year is chief applied at all.

Maybe this group can let us know that's the theories cheaply. Anyone of you. These are two

brothers. You're correct. To China and. Oh. To countries as the contracting table that so the

Article 1. Not one. In this case, so that you can get that and let's get back to something we
discussed yesterday, what about these services part? So the contract was not only for the

sale of the machinery of this facilities for treating cancer, but also for services. And the CHP

does not really apply to services. So what would you or any of your politicians say is that? I

know I asked you this week, but just remind me your name. Perfect. Yeah goods. So yeah and

I think go 13C is applies. Anyway the last question, sub question to question number one

that I want to ask you, what about this non commercial character of? So the buyer is a

hopeful Spital, I think. Hypothesis case, yeah. The claimant hospital is not a commercial

corporation person. In fact, it is a university Center for Cancer Research. So it is not in

business. It is not an organization that makes profits. We charge. At the university. Giving.

That's this non commercial, non business character of claimant needs to the non

applicability of the CAQ. Yeah. The second part, the first part nor the seal or commercial

character, the package. So it means that if one of the parties you know is not a commercial

part, it's not a business as it makes profits, not the businesses engages in commerce. It is not

to be taken into consideration. So if we see is she applies anyway as soon as we have a

contract for mainly for the sale of goods between two parties located in different countries.

So the CG applies to this hypothetical case. Any questions on this or it's quite clear? Chain in

Germany, both parties. The main part of the contract concerns disabled goods and the fact

that claimant is a non commercial party, the University Research Center does not really

matter. Cool Zen question 2. Is is the respondent liable for OK, that's the main question.

Probably the full reason why we have this hypothetical situation is the respondent liable for

breach of contract, so they're spending did not manage to ship the ship the equipment for

Council. Although the buyer paid half of the price. The buyer made in advance payment. Let's

begin with the would say. This to find anything if there if there's one viable permission

contact or no. OK, like this? Estimation. You know. Any other additions to this? Essentially,

yeah. Gave us a correct answer, so it is called a post mature situation. To, you know, take

issues, issues systemically. So first of all we need to establish whether the seller actually has

the implication to supply the people. So we begin with Article 13 of the CG CG. Seller must

deliver the goods, hand over any of the documents related to them and transfer the progress

in the goods as required by the contract. And it seems obvious that the seller has to deliver
the goods, but because we need to show, this article actually says. 63 paragraph a. The seller

must deliver the goods a if a date is fixed by ordering terminable from the corporate onset

date. We have this date in the park. On the 1st February 2020 and then of course he made

parts. Just an introduction. The main part concerns force mature and here we go to Article

17-9 all the way down to Article 79 exemptions. The party is not liable for failure. Any of

these obligations, if he proves that the failure was due to control and then he could not

reach. Even if your account. So did Professor Erdos Gay give you any? I know like algorithm

for analytics. For practical 79, did he give you any, I know elements of force measure like

what? What kind of specifics, detriments you or he didn't cover for sure? You have. OK, so

very well done, she went. So yeah, what did you cover, I mean? But yesterday we began with

just the. OK. What about? OK. Yeah. I can see that it's hard for you to, you know, to have a

new subject every single week. But yeah, this is how the program starts. So there are four

elements to force measure as it is constructed in the season. So the first one there is an

impediment that is beyond the party control. That means that it is outside of the personal

sphere of this control. What would you say about this situation? Was COVID-19? Was the

COVID-19 outbreak in control of the seller? Was it able to prevent what happened in 2020?

No, not really. Nobody would. It is that was really beyond the seller control. So the first one

is check, the second one is the impediment is unforeseeable means that it was not foreseen

at the time of the contract when the contract was. So not every impediment that is beyond

your control if. It is an impediment that I don't know was announced, was captured or that

you could reasonably predict. Then you cannot relieve yourself of the obligations of the

conference. What would you say on this one in power situation? This question is just. The

first one was easy, the first element, this one I wouldn't say that this will be kind in the

future. So let's get back to the facts of the case. The contract was concluded. When was it

concluded? But anyway, the scheduled, the delivery of goods was scheduled for the 1st of

February and as far as I remember, the whole world was sort of shut down in late February

or in early March 20. So the point. 24 the quote 19 outbreak became such a massive global

problem, right? So it means what? Remember the other. Perceivable and unpredictable. Yes.

Or was it? Yes, for from the point of view from the. German companies are point of view.
Well, I would say from the Chinese. Well, it was unforeseeable why we highlight it because if

let's say the contract was concluded in late March, COVID was already there. I remember

there from late March 2020 already airports has been shutting down and if you conclude.

Contract on Saturday in late March. From the early 18, you can actually say that the COVID-

19 restrictions were unforeseeable. It was already in the news everywhere, so you couldn't

foresee this video. In our case, it was not foreseeable. The third element, the impediment and

its consequences. Could not have been reasonably overcome or avoided. So the impediment

should not be only beyond your control and can proceed, but but you also should be unable

to overcome or avoid. There are many other, you know, problems happening around the

world, let's say tornadoes or floods or terror attacks. Of course it is. Unforeseeable. But there

are ways to get around. You know, you can find another room for the transportation, or I

know you can hire someone who can transport your foods. Inspired. This one I would say is

the most difficult one. Because, uh, as you remember from the effects of this hepatitis

dictation, the cancer treatment equipment could not be delivered because the seller was

unable to get some essential parts from supplier in China, because China was checking down

its course and airports and. But was it able to get those essential parts from someone else?

Are those essential parts made only China? Or maybe they're also made in Germany?

Frankfurt hasn't shown cities. And you could get, you know, even with the COVID-19. 19

times and you still would transport the difference in one country. What do you think of this

one? Before the pandemic, yes. Yes. So it was, it couldn't be foreseen, yeah, but still even OK,

it was not they couldn't foresee before 1917, it was Beyoncé are controlled, but was the

seller able to sort of overcome? Or with this program. Wasn't able to find those essential

parts in from other manufacturers, from German manufacturers. I assume of course that in

Germany that would be more expensive, but. Sort of problem, we cannot say for sure. I

would say that we are in an arbitration proceedings here. Probably the claimant the hospital

in China, that feeling get in sequence that it be out of the right or would. Strive and seek to

prove to the arbitrators said in fact, the seller was able to find those essential parts from US

manufacturers. So if the hospital will be able to show said well, there is there are you know

several or at least one for in Germany that produces the same essential. What's able to get
those essential parts from those manufacturers and performance applications under the

contract? So this really depends on the factual drama of the case and from how how you

really prove it to the arbitrators. Yeah. What if you know the the buyer at the hospital is able

to prove that those essential parts are produced by someone in Germany, and it means that

the seller could get those sparks in Germany. But the seller says Wells in Germany, say, cost

twice or three times or four times. More than in China. And it's simply not beneficial to me,

you know, I would need to add my own money. You know, if I buy these parts from Germany,

sentence equipment costs, I don't know, $1,000,000 and the Chinese hospital based on the

$500,000, it means that you know I am using my own money. Is there a good defense? Does

it mean that it is still a force measure? If the seller was able to find those parts in Germany

and to get those parts and to the formats obligations in the contract, but it is much more

expensive and it would make the whole contract. You know, not beneficial in the cellar. Yes.

Very well. Between. 100% correct, yes, in such case that could be hardship, and hardship is

not sure. It simply means that you know the circumstances are very different as told us. So

you can modify the contract and raise the price in such a case because of the hardship that

the seller was. Yeah, hardship. Hardship means situation hardship. Yeah so uh but this is not

a force measure said in any event you have to perform the even if you yeah 100% correct. So

the first step to be taken is that the claimant should declare the avoidance of the Article 49,

paragraph 18, the buyer may declare the contract awarded if the failure by the seller to

perform any of his obligations under the contract or determination master. It is a

fundamental. And then you can claim under particle 81, subparagraph 2A restitution.

Restitution means that both parties or at least one party return, let's say to its initial

position. So it means that the money is that. Paid up? So the answer is yes, the claimant is

entitled to obtain the refund of your. OK. Next question 4. In case the answer would be

affirmative, the question about which it is should interest in bonds that amount be paid to

the claimant? That is a little bit between here. You remember from from the hypothetical

situation, but nothing about interest or interest rate was negotiated. You understand what it

means. Interest rates. You know, let's say that, well, OK, so this pandemic financial markets,

currencies start to fluctuate. So, you know, the minute that you pay before. Inflation. And
there are only two places where the word grace is mentioned, so. OK, the first one is icle 61

three, but it's not really applicable to our case. And also Article 45 paragraph three, you can

just search. This is the benefit of having documents in electronic forms. You can not only

read them but. You can search for specific words and this is in the English language, because

when you have the languages words you know change depending on the case and the

position in the sentence, it's not really happens, it doesn't English. So Article 45, paragraph

three, no period of race may be granted with the seller. By court. Play store for breach of

quantum. So the answer is simple, no, no. Increase 20 practiced by the Arab culture you

know in this case even if you are. Once. OK so issues. Is going to transfer. You have a

question I cannot share with you because it is inflexible property of the International

Chamber of Commerce and they make money on selling in previous fortifications, but they

think you can find ways around it and find some summary of input terms you don't really

need. Why do you need input terms? Why do we need all this abbreviation? CAPDP, DPUDP,

FAS, FoB, CFR, all of all this magical combination of Cleophas? Yes. You're quite familiar with.

Yes indeed. So it is possible to me. Instead of, you know, inserting whole articles and one

closes on when we are passed when like to which point the cost of transportation are borne

by either but you can just insert FB. The