[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
Joseph Lookofsky
239. Payment of the price is clearly the buyer's main obligation under the contract and under the Convention as well. Payment is likely to be tied to means appropriate in an international context. Article 54 provides:
If, for example, the contract requires payment by letter of credit, the failure to take steps to open the letter (and thus assure timely payment) will clearly constitute a breach. And, as discussed more fully below, the buyer's failure to perform his obligations under the contract or this Convention will entitle the seller to exercise the remedial rights set forth in Section III of Chapter 3.[1] For one thing, the seller may avoid the contract if the breach is fundamental; alternatively, she may issue a Nachfrist notice, which provides for an additional performance period and permits subsequent avoidance for failure to comply.[2]
Pace Law School
Institute of International Commercial Law - Last updated April 5, 2005