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Excerpt from John O. Honnold, Uniform Law for International Sales under the 1980 United Nations Convention, 3rd ed. (1999), pages 358. Reproduced with permission of the publisher, Kluwer Law International, The Hague.

Article 56

Net Weight

328 Article 56 [1]

"If the price is fixed according to the weight of the goods, in case of doubt it is to be determined by the net weight."

This Article, inherited from ULIS, is unimportant, but on occasion may be useful to help determine the price in the absence of evidence as to the practices of the parties or usage of trade (Art. 9). The express statement that the rule applies only "in case of doubt" emphasized its subordinate role.[2] [page 358]

FOOTNOTES: Chapter on Article 56

1. This article is the same as Art. 52 of the 1978 Draft and ULIS 58.

2. Cf. German (F.R.G.) Commercial Code 380(1), Israeli Sales Law 20(b).

Pace Law School Institute of International Commercial Law - Last updated March 1, 2005