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Utracony zysk w myśl przepisów Konwencji Narodów Zjednoczonych o umowach międzynarodowej sprzedaży towarów (CISG)

100%
Kochanowski M.
Problemy Prawa Prywatnego Międzynarodowego
|
2021
|
vol. 28
75-108
EN
The contribution focuses on the lost profits according to the CISG Convention (United Nations Convention on Contracts for the International Sale of Goods). The notion of lost profits and its extent according to Art. 74 CISG are presented. Moreover, aspects of calculation of lost profits, as well as limitations of the compensation for the lost profits are discussed. The author compares the notion of lost profits under CISG with the notion of lost profits under Polish private law. The author expresses his standpoint according to which the notion of lost profits under Polish law and under the CISG is quite similar, but by no means identical. The extent of the lost profits in two cases is different, as well as manners of its calculation. Therefore, caution is needed to avoid homeward trend and invoking Polish scholarship and jurisprudence as a guideline for solving the issues connected with interpretation of lost profits according to the CISG should be avoided.
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