Impact of Art. 80 on the interpretation of non-CISG provisions
Beyond its actual sphere of application, Art. 80 CISG has occasionally been used as guidance by courts when interpreting provisions of domestic or international law. Some examples are listed below.
Divorce proceedings between M.K. and K.M.
Tartu Ringkonnakohus (Court of Appeal Tartu)
Estonia, 16 April 2012 – 2-10-25981, CISG-online 4926
Tartu Ringkonnakohus (Court of Appeal Tartu)
Estonia, 16 April 2012 – 2-10-25981, CISG-online 4926
Reference made to Art. 80 CISG in a domestic divorce proceeding between two Estonian spouses regarding the division of their property under Estonian family law, underlining the principle that no party may rely on the other party's failure to perform its obligations to the extent that the failure was caused by its own act or omission
