LEGISLATIVE HISTORY

CISG ANTECEDENTS

• Match-up of CISG Article 2 with ULIS/ULF provisions
• Comments on the match-up

     CISG Article 2                    ULIS Article 5(1)

This Convention does not apply      The present Law shall not apply
to sales:                           to sales:

(a) of goods bought for personal,   (a) of stocks, shares,investment 
    family or household use,            securities, negotiable 
    unless the seller, at any time      instruments or money;
    before or at the conclusion
    of the contract, neither knew   (b) of any ship, vessel or
    nor ought to have known             aircraft is or will be
    that the goods were bought          subject to registration;
    for any such use;
                                    (c) of electricity;
(b) by auction;
                                    (d) by authority of law or on
(c) on execution or otherwise           execution or distress.
    by authority of law;               
                                    [See ULF Article 1(6) for provisions
(d) of stocks, shares, investment       comparable to ULIS 5(1)]
    securities, negotiable
    instruments or money; 

(e) of ships, vessels, hovercraft
    or aircraft;

(f) of electricity. 

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Comments on the match-up

"The exceptions in subparagraphs (c) to (f) [of CISG Article 2] were taken largely unamended, from Article 5(1) of ULIS. On the other hand, subparagraphs (a) (consumer transactions) and (b) auctions) are additions to the list of matters to which the Convention does not apply." Herber in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 30 [citations omitted].

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Pace Law School Institute of International Commercial Law - Last updated July 6, 1998

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