Causal link and consequences of non-performance under the draft "Performance and non : performance of obligations"

The article presents an analysis of a new approach to the problem of causation as presented by the project "Performance and Non-Performance of Obligations", which was directed by Professor J. Pisuliński and Professor F. Zoll. The suggested conception, different from the solution adopted under the Polish Civil Code currently in force, is based on Article 74 of the United Nation Convention for Contracts of the International Sale of Goods (CIS G). Pursuant to the draft in question the debtor is not liable for damages which he did not foresee or was unable to foresee as a possible consequence of breach of contract at the time of the conclusion of the contract. The article contains a critical view on the suggested regulation and indicates the differences in application of the harmonized rule of foreseeability under CIS G by courts of law in various countries.