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               ULF Article 5   
 
      CISG Article 15             1. The offer shall not bind the 
                                  offeror until it has been 
1. An offer becomes               communicated to the offeree; 
effective when it reaches         it shall lapse if its withdrawal is 
the offeree.                      communicated to the offeree 
                                  before or at the same time as 
2. An offer, even if it is        the offer. 
irrevocable, may be 
withdrawn if the withdrawal       2. After an offer has been 
reaches the offeree before        communicated to the offeree 
or at the same time as the        it can be revoked unless the 
offer.                            revocation is not made in good 
                                  faith or in conformity with fair 
                                  dealing or unless the offer states 
CISG Article 16                   a fixed time for acceptance or 
                                  otherwise indicates that it is firm 
1. Until a contract is            or irrevocable. 
Concluded an offer may be 
revoked if the revocation         3. An indication that the offer is 
reaches the offeree before        firm or irrevocable may be expressed or 
he has dispatched an              implied from the circumstances, 
acceptance.                       the preliminary  negotiations, 
2. However, an offer              any practices which 
cannot be revoked;                the parties have established 
                                  between themselves or 
(a) if it indicates, whether 
    by stating a fixed time       4. A revocation of an offer shall
    for acceptance or             only have effect if it has been 
    otherwise, that it is         communicated to the offeree 
    irrevocable; or               before he has dispatched his 
(b) If it was reasonable for      acceptance or has done any act 
    the offeree to rely on the    treated as acceptance under 
    offer as being irrevocable    paragraph 2 of Article 6. 
    and the offeree has acted 
    in reliance on the offer. 

Pace Law School Institute of International Commercial Law - January 1996
Comments/Contributions

Go to Database Directory || Go to CISG Table of Contents