Divergent Views Recognized within the CISG Itself. The treatment of specific performance within the CISG demonstrates a clear recognition of the fundamental differences between the two legal systems with respect to a basic principle underlying contract remedies—the civil law favors performance, while the common law is neutral as between performance and compensation for non-performance. To the extent there is any question as to the application and effect of Article 4 as excluding from the CISG any question as to the validity of a penalty clause, Article 7
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Sources: Penalty Clauses and the Cisg, Penalty Clauses and the Cisg