Published by Manz, Vienna: 1986. Reproduced with their permission.
Univ. Prof. Dr. Peter Schlechtriem [*]
C. The Buyer's Obligations (Articles 53-65)
Article 53 and Sections I and II, Articles 54-60, of Chapter III govern the buyer's duty to pay the price and take delivery of the goods. Section III (Articles 61-65) governs the seller's remedies for the buyer's breach. In addition, the seller's remedies, like the buyer's, are augmented by the special remedy available to both parties for cases in which the other party's situation has deteriorated (Article 71), the rules for anticipatory breach (Article 72) and the special obligations concerning the preservation of goods (Articles 86-88).
Even though the Convention explicitly lists as the buyer's obligations only payment and taking delivery (see Articles 53, 54-60), it also provides that the buyer may incur other obligations typical of sales transactions (compare Articles 61(1) and 62), such as to provide security interests, furnish information, plans, and technical drawings, deliver materials or components, follow distribution directives, and heed export and re-import prohibitions etc. [page 80]
* The author of this book participated at the Conference as a member of the delegation from the Federal Republic of Germany. The views expressed here are personal to the author and do not necessarily represent the position of the F.R.G. or its delegation.(...)
317. In my opinion, domestic law still controls questions of the validity, the content, and the modalities of the performance of such additional duties. Therefore, the coordination with the system of remedies in Article 61 et seq. may cause problems.
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