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LEGISLATIVE HISTORY

Legislative history of CISG article 21: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 19

(1) A late acceptance is nevertheless effective as an acceptance if without delay the offeror so informs the offeree orally or dispatches a notice to that effect.

(2) If the letter or document containing late acceptance shows that it has been sent in such circumstances that if its transmission had been normal it would have reached the offeror in due time, the late acceptance is effective as an acceptance unless, without delay, the offeror informs the offeree orally that he considers his offer as having lapsed or dispatches a notice to that effect.

  

CISG article 21

(1) A late acceptance is nevertheless effective as an acceptance if without delay the offeror orally so informs the offeree or dispatches a notice to that effect.

(2) If a letter or other writing containing a late acceptance shows that it has been sent in such circumstances that if its transmission had been normal it would have reached the offeror in due time, the late acceptance is effective as an acceptance unless, without delay, the offeror considers his offer as having lapsed or dispatches a notice to that effect.


Editorial comments

The Secretariat Commentary on 1978 Draft article 19 remains relevant to CISG article 21. Paragraph (1) and (2) contain various drafting modifications. However, none effect changes in the substantive contents of the text.


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