Matchup of CISG Article 6 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents || Go to full text of CISG || Go to full text of ULIS

LEGISLATIVE HISTORY

CISG ANTECEDENTS


     CISG Article 6               ULIS Article 3 
                 
The parties may exclude     The parties to a contract 
the application of this     of sales shall be free to  
Convention or, subject      exclude the application 
to article 12, derogate     thereto of the present  
from or vary the effect     Law either entirely or 
of any of its provisions.   partially.  Such  
                            exclusion may be express 
                            or implied. 
SEE ALSO: 
 
ULF Article 2(1).  The provisions of the following  
Articles shall apply except to the extent that it 
appears from the preliminary negotiations, the 
offer, the reply, the practices which the parties 
have established between themselves or usage, 
that other rules apply. 


Comments on the match-up

Setting aside the CISG reference to Article 12 (which is new), "by the second session of the UNCITRAL Working Group it had been agreed that the principle contained in article 3 ULIS should be maintained. . . . The amendment made, in particular the express reference to the fact that the parties may 'derogate from or vary the effect' of the CISG's provisions and the deletion of the second sentence in Article 3 ULIS, were intended purely as drafting changes." Herber in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 52.

Go to views on citing ULIS or ULF cases in CISG proceedings


Illustrative ULIS case precedents that can aid in the interpretation of CISG Article 6

ULIS case law referred to below comes from the chapter on CISG Article 6 in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Claredon Press: Oxford 1998)

The author of this chapter is Rolf Herber, Emeritus Professor, University of Hamburg. ULIS case annotation provided are his. [Bracketed] material following each case citation identifies the page of his chapter and the footnote he provides. Click here for schedule of abbreviations contained in his case citations.

Interpretation and ULIS case support

The material we have excerpted pertains only to case law under the Uniform Law that preceded the CISG -- jurisprudence that parties have regarded as relevant because the CISG drafting process commenced with that Law. See the cited chapter of the Schlechtriem Commentary for a comprehensive analysis of CISG Article 6.


Pace Law School Institute of International Commercial Law - Last updated June 18, 1998
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