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Published in J. Herbots editor / R. Blanpain general editor, International
Encyclopaedia of Laws - Contracts, Suppl. 29 (December 2000) 1-192. Reproduced with permission of the publisher Kluwer Law International, The Hague.
[For more current case annotated texts by this author, see Bernstein & Lookofsky, Understanding the CISG in Europe, 2d ed. (2003) and Lookofsky, Understanding the CISG in the USA, 2d ed. (2004).]
excerpt from
The 1980 United Nations Convention on Contracts
for the International Sale of Goods
Joseph Lookofsky
Article 32
Notice of Consignment
157. In cases which actually involve carriage of the goods, Article 32 provides three default rules which supplement the seller's primary delivery obligation.[1]
The first of these supplementary obligations concerns goods not clearly identified to the
contract, in that the seller must give the buyer notice of the consignment specifying the
goods.[2] The second and third supplementary obligations are designed to help ensure that the
necessary carriage contracts will be concluded and that the appropriate insurance in respect of the carriage will be obtained.[3] [page 87]
1. As set forth in Article 31(a): see supra No. 153.
2. Article 32(1) provides:
'(1) If the seller, in accordance with the contract or this Convention, hands the goods over to a carrier
and if the goods are not clearly identified to the contract by markings on the goods, by shipping
documents or otherwise, the seller must give the buyer notice of the consignment specifying the
goods.'
3. Article 32(2)-(3) provides:
'(2) If the seller is bound to arrange for carriage of the goods, he must make such contracts as are necessary for carriage to the place fixed by means of transportation appropriate in the circumstances and according to the usual terms for such transportation.
(3) If the seller is not bound to effect insurance in respect of the carriage of goods, he must, at the buyer's request, provide him with all available information necessary to enable him to effect such insurance.'
Pace Law School
Institute of International Commercial Law - Last updated April 4, 2005
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