Matchup of CISG Article 15 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents

LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG articles 15 and 16 with ULIS/ULF provisions


CISG Article 15 & 16

CISG Article 15

1. An offer becomes effective when it reaches the offeree.

2. An offer, even if it is irrevocable, may be withdrawn if the withdrawal reaches the offeree before or at the same time as the offer.

CISG Article 16

1. Until a contract is Concluded an offer may be revoked if the revocation reaches the offeree before he has dispatched an acceptance. 2. However, an offer cannot be revoked;

(a) if it indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable; or

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

  

ULF Article 5

1. The offer shall not bind the offeror until it has been communicated to the offeree; it shall lapse if its withdrawal is communicated to the offeree before or at the same time as the offer.

2. After an offer has been communicated to the offeree it can be revoked unless the revocation is not made in good faith or in conformity with fair dealing or unless the offer states a fixed time for acceptance or otherwise indicates that it is firm or irrevocable.

3. An indication that the offer is firm or irrevocable may be expressed or implied from the circumstances, the preliminary negotiations, any practices which the parties have established between themselves or

4. A revocation of an offer shall only have effect if it has been communicated to the offeree before he has dispatched his acceptance or has done any act treated as acceptance under paragraph 2 of Article 6.


Pace Law School Institute of International Commercial Law - January 1996
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