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LEGISLATIVE HISTORY

Legislative history of CISG article 16:

Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 14 CISG article 16

(1)Until a contract is concluded an (1)Until a contract is concluded an offer may be revoked if the revoca- offer may be revoked if the revoca- tion reaches the offeree before he tion reaches the offeree before he has dispatched an acceptance. has dispatched an acceptance.

(2)However, an offer cannot be re- (2)However, an offer cannot be re- voked: voked:

(a)if it indicates, whether by stat- (a)if it indicates, whether by stat- ing a fixed time for acceptance ing a fixed time for acceptance or otherwise, that it is irrevo- or otherwise, that it is irrevo- cable, or cable, or

(b)if it was reasonable for the (b)if it was reasonable for the offeree to rely upon the offer as offeree to rely upon the offer as being irrevocable and the being irrevocable and the offeree has acted in reliance on offeree has acted in reliance on the offer. the offer.


Editorial comments

CISG article 16 and 1978 Draft article 14 are identical. The Secretariat Commentary on 1978 Draft article 14 should therefore be relevant to the interpretation of CISG article 16.


Pace Law School Institute of International Commercial Law - Last updated July 12, 1999
Comments/Contributions

To examine 1978 Draft provisions in context, go to the full-text of the 1978 Draft || To examine CISG provisions in context, go to the full text of the CISG