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Liability Exemption for Failure to Perform under both the Vienna Convention for International Sale of Goods 1980 and Islamic Jurisprudence

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This paper discusses the concept of liability exemption and its conditions under the Vienna Convention for International Sale of Goods 1980 as compared with Islamic Juris-prudence. Also discussed are other related issues, such as liability exemption involving a third party, partial impediment and temporary impediment. It appears that the Convention deals with the legal consequences of liability exemption in a way distinct from all other systems, including the Islamic Jurisprudence, in the sense that it keeps the contract in force and only prevents damages. However, the conditions for an impediment under the Convention closely resemble those in Islamic Jurisprudence.

Affiliations: 1: Associate Professor in Private Law, Faculty of Law, Yarmouk University Irbid, Jordan


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