"КОНВЕНЦИЯ О ЕДИНООБРАЗНОМ ЗАКОНЕ О МЕЖДУНАРОДНОЙ КУПЛЕ-ПРОДАЖЕ ТОВАРОВ" (ULIS) [рус., англ.] (Заключена в г. Гааге 01.07.1964)

B. Effects of avoidance

Article 78

1. Avoidance of the contract releases both parties from their obligations thereunder, subject to any damages which may be due.
2. If one party has performed the contract either wholly or in part, he may claim the return of whatever he has supplied or paid under the contract. If both parties are required to make restitution, they shall do so concurrently.

Article 79

1. The buyer shall lose his right to declare the contract avoided where it is impossible for him to return the goods in the condition in which he received them.
2. Nevertheless, the buyer may declare the contract avoided:
(a) if the goods or part of the goods have perished or deteriorated as a result of the defect which justifies the avoidance;
(b) if the goods or part of the goods have perished or deteriorated as a result of the examination prescribed in Article 38;
(c) if part of the goods have been consumed or transformed by the buyer in the course of normal use before the lack of conformity with the contract was discovered;
(d) if the impossibility of returning the goods or of returning them in the condition in which they were received is not due to the act of the buyer or of some other person for whose conduct he is responsible;
(e) if the deterioration or transformation of the goods is unimportant.

Article 80

The buyer who has lost the right to declare the contract avoided by virtue of Article 79 shall retain all the other rights conferred on him by the present Law.

Article 81

1. Where the seller is under an obligation to refund the price, he shall also be liable for the interest thereon at the rate fixed by Article 83, as from the date of payment.
2. The buyer shall be liable to account to the seller for all benefits which he has derived from the goods or part of them, as the case may be:
(a) where he is under an obligation to return the goods or part of them; or
(b) where it is impossible for him to return the goods or part of them, but the contract is nevertheless avoided.

Section IV

SUPPLEMENTARY RULES CONCERNING DAMAGES

A. Damages where the contract is not avoided

Article 82

Where the contract is not avoided, damages for a breach of contract by one party shall consist of a sum equal to the loss, including loss of profit, suffered by the other party. Such damages shall not exceed the loss which the party in breach ought to have foreseen at the time of the conclusion of the contract, in the light of the facts and matters which then were known or ought to have been known to him, as a possible consequence of the breach of the contract.

Article 83

Where the breach of contract consists of delay in the payment of the price, the seller shall in any event be entitled to interest on such sum as is in arrear at a rate equal to the official discount rate in the country where he has his place of business or, if he has no place of business, his habitual residence, plus 1%.

B. Damages where the contract is avoided

Article 84

1. In case of avoidance of the contract, where there is a current price for the goods, damages shall be equal to the difference between the price fixed by the contract and the current price on the date on which the contract is avoided.
2. In calculating the amount of damages under paragraph 1 of this Article, the current price to be taken into account shall be that prevailing in the market in which the transaction took place or, if there is no such current price or if its application is inappropriate, the price in

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